Polish sex offender aims to leave UK after being mislabelled as a “rapist”

Chesterfield magistrates' court.

Chesterfield magistrates' court.

A Polish sex offender who was identified by a court and the media has revealed how he has been too scared to come out of his home after he has been mislabelled as a “rapist”.

Chesterfield magistrates’ court heard today, Thursday, May 5, how Marcin Lucasz Jaworski, 20, formerly of Eland Road, Langwith Junction, Shirebrook, has been legally named despite efforts by Derbyshire Constabulary to ban his identity from media publication.

The police had tried to secure Mr Jaworski’s anonymity during their application to place him on the Sex Offenders’ Register on the grounds his details could spark unrest in Shirebrook which has suffered tensions due to the influx of Eastern European residents.

However, the court ruled on April 22 that Mr Jaworski be named in the interests of open justice and during a further hearing in his absence today police successfully applied to place him on the Sex Offenders’ Register.

During today’s application, the court also heard how enquiries revealed that Mr Jaworski’s conviction from Poland, in October, 2014, involved a sexual assault and not a rape within UK legal terms despite the offence being recorded as a rape in Poland.

Following the police, court and media making reference to a Polish rape conviction, the court reviewed the matter and accepted that Jaworski’s offence falls into the UK category of a sexual assault without penetration despite it being recorded in Poland within the country’s wider legal definition as a rape.

Mr Jaworski, who has moved to Sylvan Crescent, in Sutton-in-Ashfield, Nottinghamshire, now intends to leave the UK.

Solicitor Renata Jurenko, representing Jaworski, said: “He has been confined to his house and intends to leave this evening with his mother and return to Poland.

“Since he’s been labelled as a rapist by the English and Polish media he’s not come out of his house for fear of being attacked, which is why he is not present in court.”

Miss Jurenko argued that lessons should be learned from this matter regarding the exchange of criminal records and the categorisation of rape and other sexual activity.

She added: “The police can categorise rape in the UK as specifically meaning involving penetration and penetration didn’t take place and I submit he’s not a rapist and that should be accurately reported.

“It’s not sufficient for the authorities to put something through on the nod.

“It cannot be much fun for the complainant to be also reminded of what’s happened and it’s something she should be able to put behind her.”

Miss Jurenko explained had Mr Jaworski’s mother not contacted her with details about his conviction the matter would have been processed under the Sex Offenders’ Register with the UK offence of rape.

Solicitor Caroline Sellars, representing Derbyshire Constabulary, said that Mr Jaworski was convicted of “rape” in Poland but she was alerted by Miss Jurenko that the particulars of the offence did not fit the UK definition of rape.

She conceded that the conviction was for a sexual assault and not for a rape as defined by UK law.

Miss Sellars added that the definition of rape in Poland is wider than in the UK and Mr Jaworski’s offence in UK terms falls into a lesser category of a sexual assault without penetration.

However, the court still approved Miss Sellars’ application for a Sexual Offence Notification Order, on behalf of Derbyshire Constabulary, to place Mr Jaworski on the Sex Offenders’ Register until October, 2021.

Following the hearing, Derbyshire police Superintendent Jim Allen said: “We are pleased that the notification order has been granted.

“Mr Jaworski’s background was discovered as a direct result of him being questioned by patrolling police officers in Shirebrook.

“Until this time we were not aware of his presence in the local community.

“Since then our priority has been to see a convicted sex offender put on the Sexual Offenders’ Register as soon as possible.

“Since the process began we have sought clarity from the Polish authorities as to the exact offence he was convicted of, which we now have.

“This has resulted in the slightly amended application heard at court today.

“A convicted sex offender is now required to sign the Sex Offenders’ Register.

“Without diligent work by officers in Shirebrook this man would have remained unknown in the community.

“The public should be reassured that as soon as we were made aware of him and the potential risk he brings, we have acted and sought the order that was granted today.

“We have acknowledged our mistake in applying for reporting restrictions in this case.”