EXETER MAN TO SERVE 32 MONTHS FOR SEX WITH UNDERAGE GIRL IN EXETER PARK

In a case that has shocked the community of Exeter, Tobie Brophy, aged 22, was sentenced to 32 months in prison following his conviction for engaging in sexual activity with a 15-year-old girl. The incident took place in a public park within Exeter, where Brophy lured the underage girl into a sexual encounter after intoxicating her with alcohol.

During the proceedings at Exeter Crown Court, it was established that Brophy was fully aware of the girl’s underage status at the time of the incident. The court heard that the girl later described herself as being 'paralytic' during the encounter, indicating that she was heavily intoxicated and did not fully comprehend what was happening to her. This detail underscored the predatory nature of Brophy’s actions and contributed to the severity of his sentencing.

Earlier in the case, an allegation of rape was withdrawn. The withdrawal was linked to the fact that the girl had supplied the condom used during the sexual act, which she had received during a sex education lesson at school. This revelation sparked a broader debate about the role of sex education and condom distribution in schools, with Hugh McKinney, chairman of the National Family Campaign, publicly urging schools to reconsider their policies.

McKinney emphasized the legal implications of condom use by minors, stating, 'Schools have to be aware that the use of a condom under the age of 16 is illegal in this country. You have to question whether the school is pursuing a proper and correct policy.' He further argued that educational institutions have a duty of care towards children and that providing condoms to underage pupils might inadvertently encourage illegal sexual activity, raising moral and legal concerns.

While sex education is a standard part of the secondary school curriculum in the UK, teachers are expected to exercise judgment to ensure that the content remains age-appropriate. Both the Department for Education and Andrea Davis, the cabinet member for schools on Devon County Council, clarified that decisions regarding condom distribution are left to individual school policies, rather than being mandated centrally.

In court, Brophy, who resides on Sidwell Street in Exeter, admitted to two charges: engaging in sexual activity with a child and an unrelated assault causing actual bodily harm. Judge Erik Salomonsen addressed Brophy directly, highlighting his awareness of the girl’s age and his actions that day. The judge stated, 'You knew the victim was only 15 when you offered her alcohol. You took her to Belmont Park, where she became completely drunk, and in these circumstances, she consented to sexual activity with you. You took advantage of her.'

He further condemned Brophy’s motives, describing the act as 'not an act of love' but rather casual sex, emphasizing the age and intoxication of the girl. 'You were 20 and she was 15 and drunk,' the judge remarked.

Prosecutor Emily Pitts detailed how Brophy, a father of two young children, persistently pressured the girl for sex, isolating her from her friends in the park. She recounted that Brophy told the girl flattering things, making her feel special, which led her to develop feelings for him. The girl produced a condom, which she had been given during her sex education class, and the court heard how Brophy took advantage of her vulnerability in this situation.