A YORK man who sexually assaulted a 14-year-old girl after a late-night drinking session in his flat has walked free from court.

The girl was attacked by John Lewis Brummitt when she was so drunk she could not hold up her head and had already been sick, said John Edwards, prosecuting at York Crown Court.

The court heard there had been three girls at the flat with Brummit.

He had warned the victim's friends they were trespassing and made them afraid to tell others what had happened.

During the evening and before the attack, Brummit had slashed his face with a broken mirror.

Brummitt, 19, of Southlands Road, York, pleaded guilty to having sexual activity with a child and was given a three-year community rehabilitation order with a condition to attend a sex offenders' course. He will be on the sex offenders' register for five years.

The Honorary Recorder of York, Judge Paul Hoffman, said Brummitt's mental age might be younger than his physical age. He had already served the equivalent of an eight-and-a-half month sentence on remand, and the rehabilitation order would protect the public better than more time behind bars.

Mr Edwards said all three girls had told their parents they were staying at each other's homes before arriving by arrangement at Brummitt's flat, where both he and the girl drank a lot of alcohol and both had gone out to buy more drink.

Then Brummitt got the other girls to leave the room they were in briefly and sexually assaulted the 14-year-old girl.

Paul Williams, Brummitt's barrister, said: "This young man is someone who is extremely contrite."

The sex attack had not been premeditated, he said. All four people in the flat had been drinking heavily.

Brummitt had learning difficulties and was struggling to live on his own. He would return to his parents' home on release.

Mr Edwards said a neighbour took the girls into her room and called the police. Next morning she saw Brummitt burning what appeared to be bedding.

Updated: 11:09 Friday, November 05, 2004