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Maidstone Crown Court, where Kemsley was sentenced
by Keith Hunt
A pervert who maintains he did not molest a young girl for sexual reasons has walked free from court.
David Kemsley fondled the victim’s breasts, slapped her bottom and kissed her, putting his tongue in her mouth.
Because of the 51-year-old’s claim his behaviour was not sexually motivated, he could not be recommended for sex offender treatment.
A judge said sentencing guidelines indicated a starting point of a community order, but he added: “It is the persistence of it and I can’t help thinking it should be marked by something a little bit stronger.”
Kemsley, of Valerian Close, Chatham, was sentenced to nine months imprisonment suspended for two years after admitting sexual assault and sexual activity with a child. He will also have to complete 200 hours unpaid work.
Andrew Espley, prosecuting, said Kemsley had tried to unclip the teenage girl’s bra, asking her: “Do you like it?” She replied that she didn’t and pushed his hands away.
"i hope you will do a lot of soul-searching in the next few months and appreciate the harm you could have done to that child" – judge charles byers
His hands moved towards her breasts before going to her stomach. He put his finger in his mouth and then her mouth.
“It left her feeling scared,” Mr Espley told Maidstone Crown Court. Kemsley had touched her breasts over her clothes on other occasions.
Judge Charles Byers said it was disappointing that Kemsley did not accept his behaviour had a sexual motive.
“One asks what on earth was he doing stroking her breasts? What was he doing it for?”
Tom Stern, defending, replied: “Some are quick to put their cards on the table. Others struggle to make that acknowledgement.”
The judge said: “Until he accepts this was sexually motivated he cannot be helped by the excellent Thames Valley sex offender programme.
“I have to ask myself: Is it in anybody’s interest to ask him to serve a custodial sentence immediately? The message has to go out that a custodial sentence will be imposed when young children are abused. It is as simple as that.
“The positive side is he is in work and of previous good character. The complainant wants closure and to get on with her life.”
Judge Byers told Kemsley: “I hope you will do a lot of soul-searching in the next few months and appreciate the harm you could have done to that child.”