Prosecution of autistic student dismissed over 'entrapment'

Rupert Uttley was due to go on trial at Gloucester Crown Court

The prosecution of an autistic student accused of sexual communication with a child has been dismissed after a judge ruled he was entrapped.

In November 2020, Rupert Uttley, then 19, was studying at the University of Gloucestershire.

Two other students used a fake Snapchat account purporting to be a girl aged 15 and began a sexual conversation.

But a judge at Gloucester Crown Court found their actions amounted to bullying motivated by a dislike of him.

Judge Ian Lawrie said at Monday's hearing Mr Uttley was vulnerable and had been a "victim of bullying".

The court hearing was told the university was aware of his autism and was offering support so he could complete his degree.

But Mitchio Anthony and Roman Kirby, who lived in the same student halls as the defendant, formed the view he had an "unusual demeanour" about him.

They reported him to the police when he revealed he had been talking to a 14-year-old girl on Snapchat.

An officer examined his phone and found there had been no sexual intent in the contact and no further action was taken.

Mr Anthony and Mr Kirby then set up their own profile, the court heard, with the intention of acting as "online guardians".

They made the profile look authentic by getting other students to become online friends with the fake profile, before sending Mr Uttley a friend request.

The court heard while there were some sexual messages, the majority of the exchanges were "clumsy adolescent chat".

'Good character'

Dismissing the prosecution, Judge Lawrie said Mr Kirby and Mr Anthony has "taken a dislike" to the defendant, who is now aged 21.

"It is unclear if this dislike occurred either out of what they viewed as inappropriate behaviour by Mr Uttley or that it arose as a result of their ignorance as to the frailty of perception and behaviour by someone burdened by autism."

The judge said Mr Kirby and Mr Anthony had "invited, enticed, or encouraged" Mr Uttley to make contact with the profile, adding the defendant had been "entrapped".

"These two students initiated and manipulated a situation, encouraging the defendant to commit a sexual offence, which ordinarily the defendant would never have been minded to commit as confirmed by his good character."

A spokesperson for the University of Gloucestershire said: "(The university) will carry out its own investigations now that criminal proceedings have concluded, and ensure that support and guidance continues to be offered to any of the university community affected by this case."

Correction 13th August 2024: This article originally described how the trial had been halted and has been amended to make clear that this matter never went to trial and was dismissed by the judge at a pre-trial hearing.

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