A teacher has been jailed for rape, with the judge in the case saying ‘wish you all the best in the future’ as she sent him to prison. David Derrick had denied one count of rape but was found guilty in December by a jury following a trial at Bristol Crown Court.
The jury was told there was no dispute over what happened, and that she had not consented, but the 41-year-old from Warmley had denied the charge saying, that he reasonably believed at the time she was consenting. The jury disagreed after a lengthy trial, and found that his belief that she had consented was unreasonable.
The court was told the act of intercourse took place for ‘just a few seconds’, David Jeremy KC, defending, said. “He immediately withdrew and apologised, and continued the apology the following day as evidenced by messages sent from his phone,” he added.
But the court heard the victim, who cannot be named for legal reasons, had been left deeply affected by what happened. Her victim impact statement, read to the court by Mark Worsley KC, prosecuting, described how her ‘life had changed forever’ from the moment of the incident, on November 29, 2022.
“The ripple effect has been unimaginable,” the victim’s statement said, adding that she felt ‘confusion, shame and embarrassment’, and been ‘isolated, silenced and degraded’ by what happened.
“The impact for my family and friends has been devastating. I’ve had no choice but to try and be strong,” she said. Speaking of the two years from the rape to the court case late last year, she said: “There have been days when this process has been unbearable. I am glad justice has prevailed and I can hold my head up high.”
Jailing Derrick for two years and nine months, the judge in the case, Her Honour Judge Moira MacMillan, said she had taken into account his previous good character, and there were no aggravating factors. “It seems to me your remorse is genuine,” she told Derrick. “You apologised at the time and have continued to.”
The judge highlighted the 13 character witnesses – including Derrick’s ex-wife – who had spoken up on his behalf. “They describe you as a supportive and deeply caring family member and friend. You’re described as someone who puts the needs of others before your own,” she added.
The judge said the starting point for an offence of this kind was a five-year jail sentence, with a range of between four and seven years depending on the circumstances. The judge said there were ‘highly unusual factors in this case’, so was beginning with a starting point of three years and six months, which was reduced to a total of two years and nine months, because of the mitigating circumstances.
“Your career as a teacher is lost to you forever and there will be limits placed on the kind of work you will be able to do, forever,” the judge said.
HHJ MacMillan told Derrick that he could expect to be released on licence after serving half his two years and nine months sentence – so within one year and four and a half months, but he would be a registered sex offender for the rest of his life. Sending him down, she said: “I wish you all the best in the future. This is clearly out of character for you.”
A spokesperson for Avon and Somerset police said the case showed that convictions for rape are possible, and that victims will be believed. “In reporting what happened to us, the victim has shown incredible courage and enabled this conviction to be possible,” he said.
“We hope her bravery and the conviction gives all victims of sexual offences the confidence to speak out and report what has happened to them.
“We have specialist officers who are vastly experienced in investigating such cases. Victims reporting what happened will be believed and we can help them access support services that would be of benefit to them,” he added.