A MAN who fondled a "frightened" 13-year-old boy has escaped a jail sentence.

Brian Chadwick, 36, who had no previous convictions, immediately owned up to what he had done and had been the victim of a "frenzied attack" by the occupier of the flat where the offence took place, Burnley Crown Court heard.

Conditionally discharging the defendant for 12 months, Judge Raymond Bennett said all indecent assaults on children were serious, but Chadwick's offence was at the lower end of the scale.

He added Chadwick had to register under the Sex Offenders Act for five years and that was a punishment in itself.

Chadwick, of Thorn Bank, Bacup, admitted indecent assault on a male in April.

Anthony Mazzag, prosecuting, said the victim was with a group of people at a Bacup flat and he and Chadwick were left alone in the lounge. Chadwick asked the 13-year-old a question about a sex act and then touched him on top of his clothing.

The teenager was frightened and told the flat occupier who confronted Chadwick. A fight took place between the two and the defendant was thrown out of the property. Chadwick told police he had made the sex comment for a joke and said he had touched the boy to see if he was wet because somebody had thrown water over him.

Later, he admitted touching the 13-year-old indecently, but said it was not deliberate.

Michael Blakey, for Chadwick, said the flat occupant assaulted the defendant three times and he had to go to hospital as a result of a "frenzied attack" at the man's hands.

All the people at the flat, including the 13-year-old, had been drinking. The defendant made an error of judgement and behaved in an inappropriate manner.

Mr Blakey went on: "He regrets what he did and does not know why he did it. It is not something he has done before and does not intend to do it in the future."

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