Disgraced Successful Businessman After Sexual Assault Against Vulnerable Girl
A disgraced former police sergeant who sexually assaulted a young girl as a junior has been given a suspended sentence after twice attempting to kill himself following his conviction.
And Timothy Lively, who became a successful businessman after being fired from the Warwickshire force in 1986, is now in a wheelchair after crashing his car into a tree.
Lively, 62, of Old School Mead, Bidford-on-Avon, had denied a total of 26 sex offense charges against boys and girls between the mid-1970s and the summer of 1986.
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Following a 15-week trial that ended in May 2019, a Warwick Crown Court jury found him guilty of two counts of indecent assault on a girl at the end of the 1970s and one of gross indecency with the same girl.
He was found not guilty on nine counts involving four boys, but the jury could not reach a verdict on the remaining 14 counts.
At the time, prosecutor Rosina Cottage QC asked for time to consider whether to seek a new trial on these outstanding issues – and the court subsequently heard that one would be requested.
But after a series of delays, caused in large part by Lively’s two-time suicide attempts, Miss Cottage said it has now been decided not to pursue this in light of psychiatric reports on him.
After reading the reports, Judge Anthony Potter ruled that Lively was unfit to stand trial on these charges – and ordered them to lie on the court record, “not to prosecute without permission from this court or the Court of Appeal â.
Explaining the decision, the judge explained: “Following his conviction, Mr. Lively first attempted to overdose, and then a few days later attempted to end his life by driving his car at high speed. in a tree.
“This left him confined to a wheelchair and deeply affected his short-term memory, and he is also assessed as suffering from post-traumatic stress disorder.”
He stressed that psychiatrists had concluded that Lively would now be unable to follow the procedure in a trial or instruct his defense team, adding: “I have no hesitation that Timothy Lively is unfit to stand. his trial.
And for the offenses of which Lively was convicted, Judge Potter sentenced him to 20 months in prison suspended for 18 months, with a curfew from 8 p.m. to 7 a.m. for three months, and ordered him to s ‘register as a sex offender for ten years.
During the trial, Miss Cottage said Lively committed the offenses he was convicted of while he was a Warwickshire Police Officer or, before that, a cadet, and was also doing volunteer work in a children’s home.
They had implicated him in the bathroom of the house while the girl was bathing there when she was between 10 and 12 years old and he was around 17 years old.
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He had locked the door and touched her breasts, exposed himself and had her “rub it up and down” – and touched her breast again on another occasion when he saw her while she was 15 years old.
She did not file a complaint herself and did not disclose what had transpired at Lively’s hands when police contacted her as she investigated other complaints against him.
Stephen Vullo QC, defending, said if the judge was considering an immediate jail term, the case should be adjourned to establish whether the prison could accommodate him appropriately given his disability.
“Your Honor knows that he is in a wheelchair and will remain so for life, and that he suffers from a brain injury which he will have for life.
âHe has already suffered a very significant punishment to a large extent. “
Regardless of that, Mr Vullo said: “Given the facts of this case, it would be appropriate to impose something other than an immediate sentence of detention.”
He pointed out that Lively spent two months in custody following his second suicide attempt, during which time he was under 24-hour surveillance after being transferred to a spine unit in Oswestry.
And he suffered from post-traumatic stress disorder as a result of alleged teasing from the guards about one aspect of his condition.
Convicting Lively, Judge Potter told her, âI am sentencing you for offenses that you committed over 40 years ago and of which you were convicted over two years ago.
âYour personal circumstances were very different.
âYou come from a loving home, and she was cared for at the home where you volunteered.
“She was particularly vulnerable, which you quickly identified.
âYou befriended her and gained her trust, and then you sought to exploit that.
“It started when you were 16 or 17 and in the police cadets.
âShe did it because she was afraid and considered you to be an authority figure.
âNot only did she not approach the police, but she didn’t tell anyone what you had done to her until the police, following an ongoing investigation, contacted her.
âYou weren’t willing to admit what you had done, which brought up a lot of unpleasant memories, and it had an ongoing impact on her.
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The judge stressed that the offenses would now carry a maximum sentence of 14 years and lead to a “starting point” of six years – but at the time, for which he was to sentence him, the maximum sentence was not than five years.
âThis means a starting point of 26 months before mitigation, and I’m keeping medical reports and what I’ve heard from character witnesses about you in mind.
âThe main characteristics that I have to keep in mind are one, the delay; two, whether you were 16 or 17 at the time; three, the actual conditions you experienced in pre-trial detention; and four, your disabilities, both mental and physical.
âTo a large extent they self-inflicted, but it is equally clear that these injuries were a direct result of your conviction as a result of the false denials you maintained.
âI am just convinced, as an act of mercy, that I can suspend the sentence. “
Judge Potter added: “I want to commend the investigators for the job they did. It was clear that the officers acted with great diligence.”
* For practical and confidential help and advice on suicide prevention, please contact PAPYRUS HOPELINEUK on 0800 068 4141, send an SMS to 07860 039967 or send an e-mail to [email protected]
Local authorities and health services in Coventry and Warwickshire have grown www.dearlife.org.uk provide support and links to essential services for people seeking support for themselves or for anyone worried about a loved one or someone they know.
Emotional well-being and mental health support for children and young people in Coventry and Warwickshire is available through Rise www.cwrise.com
Samaritans (116 123) operates a 24 hour service available every day of the year. If you prefer to write down how you feel or are worried about being overheard over the phone, you can email The Samaritans at [email protected]
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