Hull Crown Court
Top lawyer says Nicola Fox who forced boy, 13, to have sex was 'treated leniently' because she's a woman
He says Nicola Fox, 34, was treated leniently because she is a woman
Simon Bristow
A Hull woman who lured a 13-year-old boy into her home and forced him to have sex with her has fought off a bid to increase her "lenient" jail term.
The Government's chief legal adviser has failed in a bid to have Nicola Fox's prison sentence increased, after arguing she was treated more leniently because she is a woman.
Fox, 34, was jailed for four years in September after she lured a 13-year-old boy into her home and forced him to have sex with her.
After saying she wanted a "chat", Fox pulled him onto her bed, "slammed" the door and barricaded it with a table so he could not get out.
LOTTO RESULTS: Winning National Lottery numbers Wednesday November 1
JAILED: Nicola Fox, 33, who forced a 13-year-old boy to have sex with her
Opening the case at Hull Crown Court, after Fox, of Boulevard, west Hull, admitted sexual activity with a child, prosecutor Claire Holmes had said: "He was clear that he didn't want her to do this. He was telling her to stop, to get off. He was crying at one point.
Cruel Nicola Fox - the predator who stole a young boy's innocence by forcing him to have sex with her
"Her response was to tell him to stop crying, and she said that in an annoyed and aggressive tone. He felt annoyed, upset and embarrassed."
During the ordeal, the boy had treated Fox with "dignity" because of her gender, and did not want to hurt her by using violence to free himself.
Recorder Richard Woolfall jailed Fox for four years.
But at the Court of Appeal in London, Louise Oakley, representing Attorney General Jeremy Wright QC, claimed Fox had been treated differently because of her gender.
Nicola Fox
She said: "It cannot be right that a female who commits an offence is dealt with more leniently than a male, simply because she is female."
But refusing to alter the sentence, Lady Justice Hallett said there was no indication the Crown Court judge had imposed a less harsh sentence on Fox because she is a woman.
She said the sentence was "lenient" but there were a number of factors, including the fact Fox had mental health problems, which led to her sentence being set at four years by Recorder Woolfall.
Sitting with Mr Justice Langstaff and Mr Justice King, she said: "We detect nothing in the judge's sentencing remarks to suggest that he was in any way underestimating the seriousness of the offence because the offender is female."
The judge added: "In our view, this was a lenient sentence, but not unduly so.
"We understand why the sentence was put before us - we are acutely conscious of the victim's suffering and the fact that offences of this seriousness - especially against a child - should not result in different sentences for male and female offenders.
Soldier accused of raping a young girl says 'anyone who does it should be killed' - Hull trial
"But we have concluded it would be wrong to give leave to the Attorney General to refer this sentence."
In a victim statement, the boy, who cannot be identified for legal reasons, said he had lost confidence and become socially isolated.
Miss Holmes said: "He can't think about future relationships because the thought scares him. He feels angry because this defendant has taken all of his first experiences away from him, which is something he won't get back."