Drunk man who molested woman at party dodges jail as he ‘thought she was his wife’
Darren Cain had drunk two bottles of wine and his victim had passed out
A MAN who molested a drunk woman at a party avoided jail because he thought she was his wife.
Darren Cain, 46, had sunk two bottles of wine and his victim had passed out after drinking vodka and cranberry.
He admitted assault by penetration but said he thought he was in bed with wife Miranda, 46.
Cain, of Dorking, Surrey, told Kingston Crown Court he was drunk and on anti-depressant drugs.
He was given just a two-year suspended jail term at the court after the attack in August 2014.
London’s Appeal Court this week upheld his two-year suspended jail term for the 2014 assault.
Solicitor General Robert Buckland QC had argued that the victim was “particularly vulnerable”.
He said: "The impact of Cain's crime on her had been profound."
A psychiatric report revealed he had a long-standing history of depression.
Three senior judges - Mr Justice Sweeney, Judge Nicholas Dean QC and Lady Justice Sharp - upheld his original sentence.
But Lady Justice Sharp said the sentence “was not unduly lenient”.
Adding: "We are not persuaded that there was a gross error in the approach of the judge at the time of sentencing."
"Cain had to be sentenced on the basis that he had not deliberately targeted a woman who he knew was vulnerable through drink.
";A different judge may well have imposed a more severe sentence.
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