Harrogate police officer found guilty of sexual assaulting a woman at a property in North Yorkshire

Joseph McCabe, 27, had only been married six weeks when the incident occurred in 2021.

The victim, who was not in a relationship with McCabe, “froze in fear” after the strapping officer “stroked” her on the arm arm and then badgered her for sex, York Magistrates’ Court heard.

Prosecutor Richard Blackburn said when the victim rejected McCabe’s advances, he grabbed or “yanked” her hair and dragged her off a bed, before demanding she had sex with him.

He said that McCabe, a devout Roman Catholic who had drunk about seven pints that night, placed his hand on the woman’s inner thigh and on her back and then lifted her onto a bed, before lying next to her and staring at her.

“He took hold of her arm and began to stroke it,” said Mr Blackburn.

When the woman asked him what he was doing, McCabe, a police constable who likes to work out at the gym, made no reply.

Mr Blackburn said the woman was scared and made it clear she didn’t want to have sex.

About 30 minutes later, McCabe started shouting, “Get into bed now”, added Mr Blackburn.

She again spurned his advances.

McCabe, who had been in his policing job since early 2020, later apologised for his behaviour, telling the woman he had “reverted back to being my teenage self” and had made an “ill-judged, romantic” advance.

However, he denied his actions were sexual in nature.

The woman, who can’t be named for legal reasons, later reported the incident to police.

McCabe, of Kingsley Park Road, Harrogate, was brought in for questioning and gave police a prepared statement claiming he was drunk at the time.

He admitted lifting the woman and putting her down on a bed but denied that his behaviour was sexual.

He said he thought that “matters were developing” between them during the incident in the early hours of the morning, and that he had “stupidly” tried to kiss the woman.

“He said she made it clear that was not what she wanted and he then apologised,” added Mr Blackburn.

McCabe, who was suspended by North Yorkshire Police pending the outcome of the trial, denied pulling the woman’s hair and demanding that she get into bed with him, and said he fell asleep after she made it clear she didn’t want sex.

He was charged with one count of sexual assault but denied the offence.

At the trial, which resumed today after the prosecution opening in October last year, McCabe, wearing a smart suit, took to the stand to state his case.

He said he “wholeheartedly” denied the allegation and had done nothing more than try to kiss the woman.

The victim said McCabe picked her up and placed her on a bed and that “nothing was said, which I found quite creepy”.

“He laid on the bed next to me and then he took hold of my hand and (his hand) went up my arm in a stroking motion,” she added.

She said McCabe was moving his hand towards an intimate part of her body, but no contact was made.

“At first I was a bit shocked and couldn’t work out what he was doing,” she said.

“I said, ‘What do you think are you doing?’ I perceived that he was trying to have sex with me.”

She said she pointed to the Crucifix that McCabe was wearing and said: “Aren’t you meant to be religious? What are you doing?”

“I turned away from him at that point because I didn’t want him to think I was interested in him,” she added.

However, she then “felt my (hair) bun get pulled and I was ragged to the floor”.

She said she was “shouting and swearing” and telling him: “Don’t touch me.”

“I remember shaking a lot and I didn’t know what to do,” she added.

“I just froze in fear. I was in shock.”

She said that during the “horrible” incident, McCabe had “terrified” her and at one stage she feared she might be raped.

Mr Blackburn said the victim “couldn’t get over what happened” and that McCabe had placed her on the bed as a “prelude to something else”.

McCabe’s barrister Kevin Baumber read out character testimonies from friends of McCabe, one of whom was his sports coach.

One of McCabe’s gym friends described him as a “hard-working, kind-natured individual” who took “great pride” in his work.

His sports coach and best friend said McCabe was a “fun guy but has always been serious and sensible, someone I would go to in a crisis”.

He said McCabe had always been “respectful” towards women “for as long as I’ve known (him)”.

But district judge Tan Ikram shot down McCabe’s claims that the victim had been lying or “reimagining” the events.

He said although McCabe was otherwise a “man of good character” and that there was “nothing to suggest you have done anything like this (before)”, there was “always a first time”.

Mr Ikram pointed to inconsistencies in McCabe’s own evidence, including his claim that if the victim had consented to a kiss he had no idea “where it could have ended up”.

“That to me just did not seem credible,” added Mr Ikram.

“You have a woman in a bed and have no idea where it would end up? Your evidence today has not been credible.

“You can give no credible explanation as to why (the victim) would make up such a serious allegation.

"She was telling the truth about what happened that night, I’m sure of that.“On the other hand, (you) were cautious in your answers (having had) plenty of time to think about it.

"You have elaborated to try to make innocent sense of what you did.

“I’m sure that your intentions throughout were sexual.”

The judge said he believed the victim’s account that there were “several incidents that night beyond the original attempt to kiss her”.

He told McCabe: “She never consented and you knew she didn’t and you certainly knew in relation to the encounters where you dragged her by the hair and demanded that she get into your bed, and for those reasons I find you guilty of the offence.”

McCabe sobbed uncontrollably as the judge delivered his verdict.

The sentence was adjourned to March 31.