'Dirty old man' who fondled married woman avoids jail because of age
An 85-year-old 'dirty old man' from Halesowen who fondled a married woman has been spared jail because of his age and ill health.
The victim was staying with Joseph Colley whilst visiting the area.
She had brought a sleeping bag and spent the night in a spare room at the address in Stourbridge, Wolverhampton Crown Court heard.
She had gone to the bedroom, shut the door and started to undress, explained Mr Howard Searle, prosecuting. She removed her top and bra and put on a T-shirt before sitting down to take off her shoes.
Mr Searle continued: "She then found he was standing in front of her. He had opened the closed door and entered the room without her knowledge.
"He did not say anything to her but put his hands up her T-shirt and fondled her breasts. She shouted at him to go away. He stopped the action and left the room.
"She went downstairs and called the police who arrived soon afterwards to find her in the front garden, sobbing, head in hands and extremely distressed. She called him a dirty old man while he told police that he thought she was 'up for it.' He was arrested."
The victim had since encountered difficulty in sleeping, disclosed Mr Searle, who continued: "She has even destroyed the clothes she was wearing at the time so she is not reminded of what happened."
Colley, now living at Blackberry Lane, Halesowen, had been given a conditional discharge for a similar offence on another woman - this time fondling the person over clothing - in 1994, the court was told.
Mr Simon Burch, defending, said: "This is a frail old man of 85 who had consumed a glass of wine and some whisky. His judgement was clouded."
Colley admitted sexual assault and was given a 20 month jail sentence suspended for two years and made the subject of a restraining order banning any contact with the victim.
Judge Amjad Nawaz told him: "If you were slightly younger I would have no hesitation in sending you to prison immediately. You are a frail old man but, from the point of view of the injured party, you are a dirty old man - and you have a track record which supports that. But, by virtue of your age and other health matters, the prison regime would not be appropriate for you."
