Harvey Charlton, 18, was found guilty of raping a six-year-old girl after using a mobile game to distract her – the attack was captured on CCTV and has left the young victim struggling to cope
A teenager raped a six-year-old girl after telling her to play a mobile game to distract her. Harvey Charlton was caught on CCTV attacking the girl when he was aged 16.
It has had a devastating effect on the victim, who now battles to manage in everyday life and has been forced to switch schools. Charlton, now aged 18, from Garretts Green Road, Sheldon was found guilty of rape but admitted further offences of sexually assaulting a child under 13 and engaging in sexual activity in the presence of a child.
On Wednesday he was sentenced to a hospital order at Birmingham Crown Court, which heard he had a learning disability that impacted his actions, reports Birmingham Live.
The girl’s mother revealed that viewing the CCTV footage was the most harrowing experience she has ever endured. She said she had been ‘riddled with anxiety’ at hearing Charlton say to her daughter: ‘let’s do what we always do’.
The mum described the transformation in her as ‘heartbreaking’, including speaking in a more ‘baby-like manner’ and bedtimes since becoming difficult.
She said: “Her personality has changed. She was outgoing, happy and independent. Now it is like she has lost her spark and joy.
“He carefree child-like approach has been replaced. She is now more cautious and needy.”
She further stated Charlton had ‘not taken ownership for what he has done’, while her daughter had been accused of exaggerating.
Passing sentence Judge Andrew Smith KC told Charlton his crimes were ‘seriously wrong’. He stated: “The camera footage reveals, I am sure, that Harvey’s offending involved him making careful choices that day and persistently trying to cajole and distract (the girl).
“His use of a mobile device and encouraging her to play a game while he offended are clear examples that can only be explained, in my assessment, by his seeking sexual gratification.”
Charlton has been evaluated as having an IQ of 52, comparable to that of a child aged nine to 12. He has also undergone treatment at Brooklands Hospital in Marston Green, recently moving from a medium to low secure unit.
Judge Smith said: “He is described as having demonstrated regret. However, Harvey has continued to minimise his offending and is more uncomfortable and anxious when discussing his established offending.”
Three psychiatrists have determined Charlton has a learning or intellectual disability, which one referred to as ‘mental retardation’.
The experts also thought a previous diagnosis of autistic spectrum disorder was incorrect.
Judge Smith continued: “I am satisfied that Harvey’s mental illness substantially reduced his ability to exercise appropriate judgment and to consider the nature and consequences of his actions.
“This, in turn, acts to help explain but not justify this very serious offending.”
Judge Smith concluded Charlton posed a continuing high level of risk. As a result, he imposed a restriction order upon him, meaning his discharge from hospital must be authorised by the Justice Secretary.