A predatory would-be rapist who “cased” student occupied residential areas of Durham to find a potential victim has received an extended sentence as a “dangerous” offender.
Durham Crown Court heard that balaclava-clad Jonathan Andrew Cummings crept into a young overseas student’s bedroom in the early hours intending to rape her in her bed.
But the potential victim screamed and struggled, despite being grabbed and twice being forcibly strangled by Cummings.
She managed to flee, near naked, from the room in her shared student house in the viaduct area of Durham, with Cummings not far behind.
(Image: Durham Constabulary/The Northern Echo)
The terrified undergraduate hid behind a parked car until Cummings had left the street and then raised the alert with a neighbouring student household.
Cummings made off from the area in his van, bearing no front number plates to avoid detection.
It was parked in a nearby street so he could make a swift getaway.
He abandoned the van several miles away and later made inquiries to book a taxi to get home to Chester-le-Street from nearby Great Lumley.
Cummings even dropped his van keys with a third-party and made arrangements for the van to be collected by a recovery company, so it could not be linked with him or the incident in Durham.
Paul Cleasby, prosecuting, said forensic evidence, linked to the results of an intensive police investigation in the following days pointed the finger of suspicion to Cummings.
Aware he was being sought, he handed himself in at a police station six days later.
He was arrested and interviewed but made “no comment” replies in police interview.
Cummings declined to comment on his movements, or over his use of the taxi and phone on the night in question, earlier this year.
(Image: Durham Constabulary)
Mr Cleasby said Cummings made efforts to distance himself from events in Durham that night, having switched off his phone at the relevant time and subsequently disposed of it, acquiring a new device by the time he handed himself in.
But at a plea hearing in the case, in May, the 34-year-old defendant, of Cookson Terrace, Chester-ler-Street, admitted charges of attempted rape, trespass with intent to commit a sexual offence, plus two counts of strangulation.
The court heard he previously came under suspicion for exposure to a student in the same area of Durham but was not prosecuted as the victim was unable to pinpoint him at an identity parade.
He also has a previous conviction for trespass with intent to commit a sexual offence, having peeped through a window to record a woman having sex in her own home in Chester-le-Street, in 2018.
Cummings had also received previous police notices for driving in his van without front number plates.
(Image: The Northern Echo)
A lengthy impact statement was read to the court by Mr Cleasby on behalf of the victim.
She said she was previously independent and a free spirit, choosing to come to Durham to study as she felt safe in a small city, in which she had no fear, previously, of walking alone in its streets at night.
But, as a result of the incident, she ended her course, leaving Durham and returning to her family.
The court heard she has suffered psychologically as a result of the incident, struggling to sleep, suffering flashbacks, and becoming fearful of males in general.
She has also had to undergo counselling which she expects to continue for some time to come.
The victim said she genuinely feared for her life in the incident and could feel the life seeping from her as she was suffering strangulation, only surviving as she managed to break free of Cummings’ grasp.
Tony Davis, in mitigation, said his guilty pleas were “unequivocal”.
He said on the defendant’s account, he went out, “principally to burgle property”, but having entered the property, intending to burgle, he saw the young woman in question and sought to take advantage of the opportunity.
So, he said, at that point there must have been some, “underlying sexual intention”.
Judge Jo Kidd intervened, however, and said: “I don’t believe for a moment his motivation was for financial gain.
“His motivation is clear. His sexual preoccupation is clear.”
She said, “chillingly” he went prepared that night, even wearing an extra layer of clothing to discard later, “entering that building, wearing a balaclava, intending to commit a serious sexual offence.”
Mr Davis added that his client recognised it must have been “an horrific experience” for the victim.
Passing sentence, Judge Kidd told Cummings his actions have impaired the victim, leaving her “a shell of her former self”, while her ability to enjoy life, “has been robbed from her.”
The judge said the Probation Service background report “quite properly” classes Cummings as a “dangerous offender”.
She imposed a 20-year extended determinate sentence, containing a 12-year custodial element to be followed by eight years’ extended licence period.
Cummings must serve at least eight years (two-thirds) of the 12-year custodial period before he can be considered eligible for parole, but he may have to serve the full 12 years behind bars.
He was also made subject of lifetime registration and notification as a sex offender and will be subject of restrictions under a Sexual Harm Prevention Order, indefinitely.
Speaking after the sentencing hearing, Claire Wright, Senior Crown Prosecutor with CPS North East’s Rape and Serious Sexual Offences Unit, said: “Jonathan Cummings is a dangerous man, which is clearly illustrated by the chilling nature of this attack and the degree of planning that he employed to carry it out.
“Prior to the attack, Cummings removed the licence plate of his vehicle and turned his phone off as he travelled from Chester-le-Street to Durham, which then remained off until after he had fled the scene of his crimes.
"Following the attack, he also hid his van before making his way home in a taxi.
“I would like to acknowledge the excellent investigation on the part of Durham Constabulary, with whom the Crown Prosecution Service worked from the early stages to build a robust case against Cummings.
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“It is testament to the quality of their investigation that they were able to identify Cummings as a suspect and secure key evidence, despite the measures he took to avoid detection.
“Our thoughts remain with the victim in this case, whose terrifying experiences at Cummings’ hands continues caused her considerable trauma, which she continues to deal with.
“We sincerely hope that the significant sentence passed on her attacker today provides some measure of comfort to her.”
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