Foreman who filmed rape spared prison

Stephen Ball, from Littlewood Lane, Cheslyn Hay, was working as a foreman in charge of a pub refurbishment when he went on drunken night out with colleague Richard Evans.

He egged on Evans as he engaged in a sex act with the senseless victim, who was slumped against a wall with her eyes closed, and used his mobile phone to film him, Exeter Crown Court heard.

Ball, of Littlewood Lane, admitted encouraging and assisting rape and was yesterday jailed for two years, suspended for two years, ordered to do 250 hours unpaid community work and pay £770 costs by Judge Francis Gilbert.

Evans, aged 37, of Dyas Avenue, Birmingham, admitted rape and was jailed for four-and-a-half years at an earlier hearing by the same judge.

Ball, aged 39, was caught on town centre CCTV cameras in Bideford, North Devon, as he laughed with his friend about the attack, which took place at dusk and was witnessed by children and shop customers, said Miss Emily Pitts, prosecuting.

Police arrested him and Evans after being called by disgusted passers-by and seized his phone. He tried to delete the incriminating footage but it was recovered by experts and showed the whole assault, the court heard.

Judge Gilbert told Ball: "You were filming what was happening. It was a disgraceful and disgusting activity for which you should be totally and utterly ashamed.

"Evans was jailed for rape but I can take a more lenient view with you because you were not the rapist yourself. You admitted that the woman was in no fit state to consent and that you encouraged him and filmed what he did."

The offence happened in Jubilee Square, Bideford on May 21 when Ball and Evans had gone out drinking. They met the victim, plied her with alcohol, and Evans sexually assaulted her after she passed out.

Mr Nigel Wraith, defending, said references showed Ball to be a hard-working man with no history of offending and an 'impeccable' character.