A COVENTRY woman who had sex with a 14-year-old boy after a party and performed oral sex on him the following morning has been cleared of committing any offences.
Kimberly Abell had denied two charges of sexual activity with a child ‘not reasonably believing he was 16 or over,’ saying she believed the boy was 18 or 19.
And after just over five hours a jury at Warwick Crown Court found Abell (33) of Foxford Crescent, Longford, Coventry, not guilty of both charges.
Prosecutor Steven Bailey said the incidents followed a party to celebrate another teenager’s birthday in the summer of 2016 – but did not come to light until December that year.
The 14-year-old was one of the teenage guests, while Abell was among a number of adults who also attended.
“The adults had a few drinks, and the defendant had more than a few drinks. She told the police she had had half a bottle of vodka and half a bottle of Disaronno liqueur and some shots.
“Whether what she did that night was something she found easier to do because she was drunk, you will have to decide.
“But what she did was to have sex with [the boy] who was then 14 in two different ways, one that night at the end of the party, and one the following morning,” Mr Bailey told the jury.
The boy was staying at the house that night, and after the party ended, he and the birthday boy were watching TV in the living room, where Abell was due to spend the night on the sofa.
Abell came into the room, having changed out of her dress into a baggy top and a pair of pants, although when she was interviewed by the police she claimed she had not changed.
“There was a blanket on the sofa. The defendant went over and sat next to him and, in pretty short order, got under the blanket and started to touch him sexually.”
Abell claimed to the police that the boy had ‘started to come on’ to her, but now did not challenge what he said that she had made all the running, pointed out Mr Bailey.
Matters progressed to the point where the boy also began to touch her, at which the other teenager left the room to go to bed.
When Abell was interviewed by the police, she denied matters, ‘but now she does not dispute anything he says,’ said Mr Bailey.
Matters came to light after the boy sent some messages to Abell of a sexual nature, which led to her asking his mother to have a word with him to make sure he did not send any more.
As a result, the whole story began to come out, and when the boy’s mother challenged her, Abell admitted having sex with him but said she had not realised how young he was at the time.
Mr Bailey explained to the jury: “The law says it’s illegal to have sex with someone under 16 if you do not believe they are 16 or over.
“There is no dispute that they had sex. That’s not what this case is about. The allegation is that she did not reasonably believe he was 16 or over. That’s what’s going to be the issue for you.”
He alleged that Abell had previously had a conversation with the boy’s mother about their respective children, and ‘would know roughly how old he was.’
But Abell said she did not recall such a conversation, and although she accepted having sex with him, she insisted that at the time she believed he was 18 or 19.