THE victim of a sexual assault in Ardrossan has hit out at the justice system after her attacker was spared a prison sentence - despite a court report recommending he be jailed.
The woman said she had lost trust in both men and women after the despicable attack – and was still living with the trauma more than two years after the incident.
Her attacker, Neil Craddock, was instead handed a community-based disposal when he was sentenced at Kilmarnock Sheriff Court.
He was placed on a community payback order and told to carry out 300 hours of unpaid work within a year.
Craddock’s movements will be electronically monitored throughout this time, and he won’t be allowed outside his home address between 7pm and 7am.
The Ardrossan man was put on the sex offenders register for five years and ordered to pay his victim £4,500 in compensation.
The 67-year-old was sentenced after being found guilty by a jury at a trial in February.
The jury convicted him of sexually assaulting his victim while she slept on April 30, 2022.
Craddock’s victim had hoped that his sentencing last week would bring her some closure, but on speaking to the Herald she said she found it “very unfair” – and described the compensation order as “a kick in the teeth”.
The woman, who is maintaining her right to anonymity, told the Herald a background report prepared before Craddock’s sentence had said that “there was no other option but to jail this man".
“It’s been two years of hell," she said.
“I’ve been told to trust the system. It’s a joke, after you put yourself through all that.
“He’s walking about in my home town and I find it very unfair.
“I’ve seen him on social media and in the community. He’s had two years to build up his finances.
“He’s shown no remorse but suddenly he says he wants to show me remorse."
The woman, who previously lived locally but has moved away from the area since the attack , took particular exception to the compensation payment - and to the time Craddock will spend on the sex offenders register.
She added: “I know that the judge’s hands were tied. He’s tried his best to punish him.
“But who wants money? That’s not going to help. What’s £4,500 when I’ve had to have counselling sessions?
“It’s just dirty money. It’s a kick in the teeth.
"It should be a lifetime [on the register] – he’s not going to change.”
The woman also described the psychological impact of the attack, telling the Herald that between the incident and the sentencing she had tried to take her own life and had suffered two miscarriages.
She has also had to leave her work, and says she struggles to visit Ardrossan because of anxiety.
“I’ve lost trust in males and females," she added.
“It’s a rollercoaster of emotions. It’s not just me going through it; I have a daughter and family who have been travelling all over to support me at court.
"I'm hoping it gets easier."
The woman says she wants to see tougher punishments for sex offenders like Craddock – but also says that she hopes her own experiences won’t discourage other victims of sexual assault from coming forward.
“I’ve been totally let down,” she said.
“There should be stronger laws to stop people from doing this and thinking they can get away with it.
“I don’t want sympathy. I want people to be aware.
“[Giving evidence] wasn’t as bad as I thought it would be, because I wasn’t telling any lies.
“The end goal is you want him punished so you have to keep fighting this."
The Judicial Office for Scotland has said that all factors are considered before "the most appropriate sentence" is handed out by judges.
They added that the full explanation for the action taken is provided in each hearing.
A spokesperson said: “When deciding a sentence, a judge will always carefully consider the facts that are presented to the court both by the defence and by the prosecution, and will always take into account the unique factors of each case.
"They will carefully consider the circumstances of the particular offence, the impact on a victim, and what sentence is most appropriate to help reduce reoffending and protect the public, having regard to relevant sentencing guidelines.”
'The justice system is failing women'
An Ayrshire MSP, meanwhile, has called on the Scottish Government to do more to support victims who find themselves being let down by a justice system she says is “not fit for purpose”.
Katy Clark, a Scottish Labour MSP for the West Scotland region, has repeatedly campaigned for more to be done to eradicate violence against women and girls and says more needs to be done, in particular, when addressing sexual offences.
She commented: “This is an appalling situation but unfortunately far too many victims go through similar experiences.
“We have a justice system which is simply not fit for purpose for women and girls, particularly when it comes to addressing sexual offences. We need meaningful improvement to the experience of victims."
She added that she has lobbied the Scottish Government to do more to help victims, and will continue to do so.
Ms Clark continued: “We know that the status quo is failing women and the victims of sexual offences, who repeatedly describe their experiences as retraumatising.
“That is why I have been calling on the Scottish Government to introduce access to independent legal representation for victims and complainers, a single point of contact, and other changes to speed up the process and provide more information.
“And sentencing guidelines need to be seriously reviewed to ensure sentences for sexual offenders are appropriate.”
The Scottish Government says action is already being taken to address Ms Clark’s concerns and those of victims..
A spokesperson said: “While we cannot comment on individual cases, any form of sexual violence is abhorrent.
"We are bringing forward measures so that women and girls can have confidence in the justice system and, crucially, will not be retraumatised by the process.
“This includes establishing a sexual offences court, alongside the raft of other measures contained in the Victims, Witnesses, and Justice Reform (Scotland) Bill currently going through Parliament intended to improve victims’ experiences.
“While sentencing in any given case is a matter for the independent court, the Scottish Government is working with justice partners on a range of initiatives to reduce the time cases take, allocating £36.6 million for justice recovery in 2024/25.”
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