A 49-year-old man has narrowly avoided jail time after being caught engaging in a lewd sexual act in public view just outside the home of Torquay United FC.
Lee Powell appeared at Exeter Crown Court following an incident near the club’s Plainmoor stadium on Marnham Road. The court heard that members of the public, who were leaving the football ground, were forced to contact the police after witnessing Powell in a compromising position with an unknown female.
Prosecutor Tom Faulkner told the court that the incident, which lasted approximately five minutes, involved Powell sexually touching the woman’s crotch area over her clothing, as well as engaging in oral sex. Witnesses described the scene as “quite clear,” noting that the brazen nature of the act caused significant discomfort to those passing by.
The location of the incident, which is situated near a local swimming pool and the stadium, sparked immediate concerns among onlookers regarding the potential presence of children in the area. While there was no evidence presented to suggest that any minors had witnessed the encounter, the public nature of the act and the proximity to high-traffic community spaces prompted the call to authorities.
Upon being confronted, Powell initially insisted that he was not doing anything wrong. When police arrived to make the arrest, he was described as being “combative.” However, during his appearance in court, the tone from the defendant shifted significantly. Powell, who pleaded guilty to a charge of outraging public decency, expressed that he was “mortified,” ashamed, and deeply embarrassed by his actions.
The situation was further complicated by the fact that the offence put Powell in breach of a previously issued suspended sentence for actual bodily harm (ABH). Under typical circumstances, such a violation would carry a high risk of imprisonment.
However, Judge Mathew Turner ultimately opted for leniency, citing that the incident appeared to be an isolated one. Addressing the defendant, the judge remarked, “I can see you’ve not had an easy life,” before opting against a custodial sentence.
Instead, Powell was handed a 12-month conditional discharge and ordered to pay a fine of £60. The court concluded that while the behaviour was entirely unacceptable and had caused public alarm, the circumstances did not warrant immediate incarceration.
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