Powys man who sexually assaulted a woman five years ago given suspended prison sentence

Phillip Kuegler denied two offences of sexual assault on a female on July 18 2021 but a jury found him guilty of one matter and he was acquitted of the other.

The now 59 year-old was sentenced at Merthyr Tydfil Crown Court on Monday, September 21.

The court was told Kuegler came across the woman in Llandrindod Wells town centre on July 18 2021.

She was intoxicated and had argued with her boyfriend. Kuegler suggested she go back to his flat. During the evening other people were there, more alcohol was purchased and everyone left.

The woman and Kuegler got ready for bed – she was going to sleep on the sofa. She had to walk through his bedroom to go to the bathroom and she lingered by the door and they talked. He asked her if she wanted to get on the bed to be more comfortable.

Kuegler claimed she got on the bed, they cuddled and she spooned him before he became aroused and put space between them.

He claimed she turned around and put her hands down his shorts, they kissed and he grabbed her breasts but she did not like it and she went back to the sofa. Kuegler was acquitted of this offence by a jury at trial.

The woman said Kuegler then came out of the bedroom started kissing her and told her to go back into the bedroom. She refused and turned away from him.

He made her a cup of tea and they chatted before he went back in his bedroom but was shouting for her to join him.

She did not and he went back into the living room and as she turned away from him he masturbated and ejaculated over her clothing, before swearing at himself for doing so.

Prosecuting, Ms Bethan Evans said although Kuegler has 14 convictions for 21 offences, there are none for sexual matters and his last offence was in 2016.

She said the woman had provided a victim personal statement in which she said the matter had caused her stress and anxiety, to the point at which she was no longer able to leave her house unless she was with someone.

She said she becomes agitated and has self-harmed and she cannot trust anyone since the incident. She said she used to socialise and go to family events now she does not and although she wants to settle fown she can't trust anyone.

Mitigating for Kuegler, Mr Nicholas Gedge said Kuegler had a difficult childhood, was taken into care, has not worked for 20 years and had had substance difficulties with drugs and alcohol.

But he said Kuegler of Temple Street sought help and still receives help from Kaleidoscope. Mr Gedge said Kuegler has stable accommodation and two positive references about him were handed in to the court.

He said a pre-sentence report did not favour Kuegler, who does not accept the jury's verdict. Mr Gedge said Kuegler had been assessed as at a high risk of sexual offending and aggression and violence but he said five years had passed since this incident with no other offending.

He said a community order would give Kuegler the help he needs and the chance to prove he can stay out of trouble.

Recorder D Harris said Kuegler's previous convictions did not aggravate the offending in 2021 but he said the pre-sentence report said Kuegler has sexist attitudes and attitudes disrepecttful to women.

“The woman was alone in your flat, she made it clear when she got out of the bed that she wanted any further sexual activity to stop,” Recorder Harris said.

He added that the custodial threshold had been passed but he believed there is a realistic prospect of rehabilitation.

He imposed a sentence of six months in prison suspended for 18 months.

Kuegler will have to complete 30 rehabilitation requirement sessions and an accredited programme of work. He will observe a curfew for three months from 7pm until 7am and he will be electronically tagged.

He will have to register as a sex offender for seven years and pay a victim surcharge of £128.

But Recorder Harris made no restraining order.