Jail for babysitter who abused girl

Jun 4 2009

A LANARKSHIRE woman who sexually abused a schoolgirl while carrying out babysitting duties was last week jailed for two years.

Sheriff Marie Smart told Anne Fleming at Hamilton Sheriff Court last Thursday that she had carried out a “gross breach of trust” and there was no alternative to a custodial sentence.

Fleming (53) had earlier pleaded guilty to a charge of lewd, indecent and libidinous practices and behaviour towards the girl, who was aged between eight and 12.

The offences occurred between April 1993 and April 1994 at houses in Bellshill, and came to light some years afterwards when the victim was referred to a counsellor after slitting her wrists.

Since the matter had come to court Fleming has had to move home twice; on these occasions her windows had been smashed.

Her house, said advocate Stephen Hughes, had also been broken into by “individuals who appear to be supporters of the accused”.

The abuse started when Fleming, of Victoria Place, asked the girl to scratch her back, and developed from there.

The girl had told Fleming she was going to tell her parents as she had been told not to keep secrets from them.

However, the accused replied that she should not inform them as her parents would be angry and disappointed with her.

The girl was aware that she no longer wanted to take part in sex acts. However, she felt unable to tell Fleming and made excuses to avoid her.

She later told a relative, and also called the accused to tell her she had been haunted by the things that used to happen between them.

Fleming told the girl she was sorry and ashamed, and that she had been stupid.

The police, however, were contacted.

Fleming subsequently appeared voluntarily when she was interviewed by officers and made admissions.

Mr Hughes told Sheriff Smart at Hamilton Sheriff Court last Thursday that a psychologist’s report prepared for the court stated that Fleming was of low to very low intelligence, and asked her to deal with the matter with that assessment in mind.

He pointed out that Fleming had accepted her guilt from the outset, adding: “It is clear from the (social enquiry) report that she is frankly embarrassed and ashamed by her behaviour and regrets it greatly.”

The advocate said it was difficult to ascertain the level of risk posed by Fleming as the social worker had expressed concern about Fleming’s “victim empathy and understanding of the seriousness of the offence.”

He added, however, that such issues could be dealt with during probation.

Mr Hughes said this was not a “soft option” because of Fleming’s reluctance and embarrassment to discuss the matter.

It would achieve the aim of addressing and correcting the issues outlined in the report, he added.

Sheriff Smart told Fleming that her victim had suffered considerably from the impact of what the accused had done to her as a child.

While the woman was still haunted by it, she had nevertheless shown strength of character and “was not prepared to let what happened to her beat her.”

Sheriff Smart sentenced Fleming to two years’ imprisonment, taking account of her early plea, and placed her on the sex offenders’ register.