Child rapist who attacked girl, 6, spared punishment because he has dementia

A pensioner who sexually abused and raped a six-year-old girl in the 1980s has escaped without punishment.

Richard Nealon, 72, had denied three charges of indecently assaulting a girl in the 1980s and one of raping her.

But Nealon, of Harbury, Warwickshire, was found to be suffering from dementia and unfit to stand trial.

A jury ‘decided he did the acts alleged’ in his absence following a ‘trial of the facts’ at Warwick Crown Court.

But Judge Sylvia de Bertodano was not able to make a hospital order under the Mental Health Act or a supervision order, leaving only the outcome of absolute discharge, meaning no punishment.

A trial began at the court at the end of April, but the jury was discharged because of concerns over his ability to follow the evidence.

Simon Hunka, defending Nealon, told the judge on the second day of the trial: ‘I am struggling to give and receive instructions.’

Judge Sylvia de Bertodano said at the time: ‘He is failing to understand or retain any of the evidence, and is unable to answer questions in any meaningful way. It is clear he is unable to concentrate.’

Subsequent medical reports have shown that Nealon is suffering from dementia and was unfit to stand trial because of his inability to follow the evidence.

Instead, a trial of the facts took place in Nealon’s absence, at which a jury heard evidence and had to decide whether he did the acts alleged.

The trial heard that in the 1980s Nealon’s home was ‘an open house’ for children.

One day, his victim, who was six or seven at the time, turned up to see one of his children, who was out at the time.

Nealon told her to come in and wait, and he touched her indecently, penetrating her with his finger, the court heard.

Another time, he approached a den the girl and other children had made and assaulted her.

Nealon had a collection of pornographic magazines and videos at his home, and he showed them to her before performing oral sex on her

Then on one occasion when she was visiting when she was 11 or 12, he raped her, the court heard.

The girl kept quiet about what had happened for many years until another person confessed to a psychiatrist that he had committed an offence against her when she was about six.

As a result the police were contacted, and when they traced her, she told them what Nealon had done to her.

When Nealon was arrested the police found a stash of pornographic magazines, and in the unallocated space on his computer were three images of child pornography.

He denied the offences when he was interviewed, but could give no explanation for why his victim would lie.

The victim denied she had fabricated her accusations when questioned by Nealon’s lawyer.

After the jury found that Nealon had committed the acts, which does not count as a conviction, Judge de Bertodano was left with just three options.

In such circumstances the law allows only for a hospital order under the Mental Health Act, a supervision order or an absolute discharge.

The judge pointed out that a hospital order could not be made because Nealon was not suffering from a treatable condition.

His dementia meant he would not be able take in what was said to him under a supervision order.

That left an absolute discharge as the only option.