Fabian Toole from East Peckham spared jail after threatening to kill and rape his former partner
Published: 06:00, 29 September 2021
Updated: 14:37, 29 September 2021
A university student who smeared dog faeces on his former partner and threatened to kill and rape her has been spared jail.
Fabian Toole, 20, of Orchard Road in East Peckham left his victim scared to go out after sending vile texts and physically abusing her.
He admitted controlling his ex lover and was given a suspended sentenced at Maidstone Crown Court as his mother sat in the public gallery.
The relationship began in August 2019 and Toole became violent towards her in November.
The two had been watching a horror film when she jokingly threw some chocolate at him which made him jump. In retaliation Toole punched her in the stomach and then the chest, winding her.
Prosecutor Jessica Goldring told how on another occasion Toole drove dangerously with the woman in his car, punched her thigh and hand, bruising her, before swerving the car across the road.
He sent her threatening messages including: “I’m going to smash your face in at work you s***” and "I'm going to rape you tomorrow and break your back".
'You have escaped going to prison by the skin of your teeth...'
During a bike ride, Toole rode in to the woman's bike, pushed her into a bush, wiped dog faeces on her and threatened to rape her.
He threatented to post a Gumtree advert that offered her as an erotic service and included private photos of her.
It was following this incident that the victim contacted the police.
A statement read to the court on behalf of the victim explained her grief following the controlling behaviour she faced throughout the relationship.
She said: “I struggled to come to terms with what happened. I blamed myself but now I know it was not my fault and he is a horrible person.
“I have suffered from PTSD following his behaviour, I have nightmares of him raping me.
"His actions made me suicidal, self-conscious and insecure. When I hear a car pull up outside my house I fear it is him, I’m terrified of another future abusive relationship.”
The defence barrister, Craig Evans explained that Toole, now working in a factory, has an understanding of his behaviour and actions and recognises the impact he has had and that is why he entered a guilty plea. He explained that Toole’s honesty was a huge step forward.
The judge said: “The way you treated the victim is simply shocking, you should be ashamed. You seriously assaulted her, threatened to rape her and put all the blame onto her.
"I am not convinced what I am about to do is the right thing and I am deeply troubled, but by your age and lack of convictions, I hope your sentence will give you a glimmer of insight.
'I blamed myself but now I know it was not my fault and he is a horrible person....'
“You have escaped going to prison by the skin of your teeth, if you did not have the excuse of your youth you’d be in prison for a long time.”
Toole was given a two-year prison sentence suspended for two years.
During this time he must engage and complete the building better relationships programme and attend 20 rehabilitation days.
He will have an electronic curfew for six months between 8 am and 8 pm and must pay prosecution costs of £40 and his £1000 compensation to his victim.
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Megan Carr