Retired police officer groped woman (2024)

A retired Devon and Cornwall Police officer found guilty of groping a woman's breasts as he gave her a shoulder massage must pay her compensation.

In March a jury at Plymouth Crown Court spent less than four hours deliberating before returning a guilty verdict against 68-year-old Richard Hartigan, of Vixen Tor Close in Yelverton.

They had heard how he targeted the woman - who cannot be identified for legal reasons - at her home in Devon on September 27, 2021. Hartigan, whom the court was told retired from the force in 2011, denied he committed a sexual assault by intentionally touching the woman without her consent but was found guilty by a jury.

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The jury had heard from prosecutor Herc Ashworth who told them Hartigan had been at the property when he made a comment about the attractiveness of the woman, before he then offered to give her a shoulder massage. However, as he massaged her shoulders, saying she felt "tense", he moved his hands down over her breasts and groped them for around 20 seconds, kissed her neck and pulled her onto his lap, despite her efforts to break away from him.

The woman later told police she "froze" and was "scared", told Hartigan she did not want him to do it and said she tried to distract him with "mundane" questions. She told investigators he begged her "please, just five more minutes", adding that he had been "watching p*rn but it doesn't get his heart racing".

The jury of seven men and five women heard the woman later confided in someone who urged her to call police, which she later did. Mr Ashworth said during Hartigan's interview with detectives he claimed the woman consented to having her shoulders rubbed and that she voluntarily sat on his knee. However he denied he pulled her onto his lap and did not kiss her neck. He also told police that he did touch her breasts but that this was "accidental".

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Frequently breaking down in tears in the witness box, the woman told the jury the woman said she was "terrified", adding that she was in the house alone and there was "nothing I can do to protect myself".

Under cross-examination by Hartigan's defence barrister, she was asked "Did you say anything at all?" The woman cried as she replied "No, I didn't", adding "I closed my eyes and just sat there". She said she thought: "Oh my god, what's going to happen [to me]? I'm just going to have to lay here and not say anything. All those thoughts went thought my head when I was sat in that chair."

Hartigan insisted from the witness box that the incident was an accident and character references were offered by people who highlighted his good work, including coaching children at schools, his "sincerity" and how he was "patient and kind". One character referee described Hartigan as being "held in high esteem in our family".

A former Devon and Cornwall Police colleague also offered a character reference saying he had know him "for 30 years" adding that such an incident would have been "out of character" for Hartigan. However, the jury returned a unanimous guilty verdict and Hartigan was granted contiditional bail for a pre-sentence report to be carried out.

Hartigan returned to Plymouth Crown Court today [Friday April 26] where Judge Davey KC heard submissions from Mr Ashworth and Hartigan's advocate Ali Rafati.

Mr Rafati, stating that the "blame must all be on Mr Hartigan" noted the recommendations of the pre-sentence report which Judge Davey KC agreed with, complementing the probation officer for the report's "thoroughness and conscientiousness". Mr Rafati

Judge Davey said he agree with the probation officer's advice that said Hartigan would benefit from working with professionals as part of a rehabilitation activity requirement to learn appropriate social behaviour.

Turning to Hartigan, Judge Davey KC said that having heard the woman in court her evidence he was sure it was "entirely honest and accurate." He said: "We have there a picture of a sexually frustrated man, seeking sexual gratification... by forcing himself upon her in a persistent and sustained episode of indecency which caused the harm of which she speaks in her various victim personal statements".

He noted the mitigating factors, being his lack of previous convictions and previous good character and his years of service to the community as a police officer. However, taking into account the sentencing guidelines he said he would pass a sentence of nine months imprisonment, suspended for two years. He ordered Hartigan to complete a rehabilitation activity requirement up to 30 days. Hartigan would be subject of the notification requirement under the Sexual Offences Act for 10 years.

Hartigan was told he would have to pay his victim compensation, in the sum of £296.10 as well as the victim surcharge. In addition Judge Davey KC was told he would subject to a restraining order not to contact his victim either directly or indirectly until further notice.