Rapist forced victim to have bath after attack 'to destroy forensic evidence'
A rapist who attacked a vulnerable girl in her sleep and made her wash afterwards but was then described in court as "honest and hard-working" has been sentenced to eight years in jail.
Judge Richard Bond said that Philip Tolley, 58, had encouraged the 16-year-old to take a bath in a "clear attempt to rid his victim of forensic evidence". The court heard Tolley, from Quinton, Birmingham, had groomed the girl and then got her drunk so that he could sexually abuse her, but had gone even further by raping her as she slept on a mattress at his flat.
There were sounds of shock and outrage from the public gallery at Birmingham Crown Court as it was revealed two people had submitted positive character references on Tolley's behalf describing him as "honest and hard-working". He also had a previously clean record making his actions more unusual.
Philip Tolley groomed and raped a vulnerable teenager (West Midlands Police)But Judge Bond said: "When it comes to the offence of rape good character does not count as much as it would for other offences. As I have already stated these are serious offences and it crosses all areas of society."
Tolley, of Wedgewood Road, admitted rape and was sentenced to eight years, Birmingham Live reports. He has suffered sepsis since the attack and was forced to have a leg amputated, which will make his time in custody more difficult, his barrister Blondel Thompson, said.
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The victim was described as "someone prone to being vulnerable and easily taken advantage of". On one occasion in 2020 Tolley touched the girl's leg as they sat on the sofa together at his flat. They later shared the same bed which Judge Bond described as "absolutely inappropriate" due to their "large disparity" in age.
He also highlighted that he considered the victim to be a "girl" and not a "woman" despite the fact she was old enough to have consensual sex. Judge Bond added: "Anyone who saw her would immediately realise she was a girl with vulnerabilities and you were aware of that."
The court was told on Thursday that on another day at Tolley's home he told the girl he had pornographic films then touched her leg again as they sat on the sofa. Prosecutor Jacinta Stringer said: "She says at the time she didn't like it but felt frozen and didn't say anything. She became tired and went to lie down on a mattress behind the sofa and fell asleep. She says when she woke up Mr Tolley joined her on the mattress and continued to touch her leg."
She added that Tolley proceeded to sexually grope and try to "snog" the teenager who fell asleep due to being "very drunk". Ms Stringer said: "When she awoke Mr Tolley asked her if she had enjoyed the sex. She had no memory of having had sex but she felt sore and realised Mr Tolley must have had sex with her while being asleep.
"She was upset but tried to mask her emotions while Mr Tolley made great pains to insist she had a bath and made sure she washed. He joined her in the bathroom as she tried to cover up with a towel and said: 'I have seen you naked anyway after what we did last night'."
Afterwards Tolley walked the girl to the bus stop, tried to kiss her again and "told her several times not to tell anyone what had happened", the court heard. But she reported the attack later that day.
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