A MAN who sexually assaulted a woman who was helping him during a difficult time in his life has been told to do unpaid work.

Lee Whelan, 37, was found guilty of charges of sexually touching a woman without consent and assaulting her on May 5, 2020, at an address in Basingstoke.

He avoided prison but was sentenced to a three-year community order and 150 hours of unpaid work. He will be in the sexual offence register for five years and he has to pay compensation.

Prosecuting, Matthew Lawson said the defendant overpowered the victim and pinned her down to sexually assault her.

He added: “The victim had to bite him to escape. She was fighting back and shouting to get off from him.”

Mr Lawson added that the incident happened when the victim was at the defendant’s house to support him.

In a victim impact statement read out in the court, she said the incident affected her confidence and self-esteem.

“I had to seek counselling and help through support agencies. I have had nightmares and I feel like I have been shunted in my life,” the victim said in her statement.

In mitigation, Richard Onslow said the incident did not start as one of sexual nature, but it was a play fight with the victim that turned into a sexual assault.

Mr Onslow said Whelan, who used to live in Basingstoke but is of Guilford, has a supportive wife and children and is the family breadwinner.

He  added that Whelan runs a business now, which will close down if he is sent to prison.

Sentencing him, Recorder Don Tait said he had taken into account the mitigating factors.

The recorder said: “In your case, whilst the appropriate punishment is achieved by immediate custody as this is a sexual offence, it seems to be that there is a reasonable prospect of behavioural changes. There are strong factors for mitigation.

“I also take into account the state of the current prison population and also the fact that this case has taken four years to come to a conclusion. It is not your fault. But you have kept out of trouble since then.

“For all those reasons I’m avoiding sending you to prison today.”