A MAN who had sex with an underage schoolgirl and attempted to sexually assault an ex-partner has avoided jail - despite a judge describing him as “not in control of himself and prone to violence”

Daniel Mills admitted three sexual assaults against a girl of 14 and a physical and attempted sexual assault against former partner Philippa James.

The 25-year-old of Horsebridge Avenue, Badsey, near Evesham, appeared before Judge Daniel Pearce-Higgins on Wednesday, the day he was due to be released from HMP Hewell for previous offences.

He admitted three counts of sexual assault against a 14-year-old girl between December 12, 2012 and January 31, 2013.

He also admitted attempting to sexually assault Miss James, then aged 32, and physically assaulting her and causing criminal damage to a bathroom door on Sunday, October 11 last year.

But, despite the prosecution calling for a lengthy jail term, Mills was handed a three-year community order.

Miss James, who waived her right to anonymity to speak to the Worcester News, has hit out at Mills’ sentence, saying the “monster” should have been jailed.

Cathlyn Orchard, prosecuting at Hereford Crown Court, said Mills had known the underage victim since she was nine or 10 years old and had ‘always known her age’.

Towards the end of 2012 they began texting each other. She was invited into his bedroom where the two had consensual sex using a condom. Mills told her not to tell anyone they had sex.

The girl was invited to a party at New Year where she drank alcohol and had sex with Mills for a second time in the bathroom.

The two met again at his house ‘during school time’ and had unprotected sex though she was on the contraceptive pill.

Miss Orchard said: “She described the relationship as ‘controlling’ and he started waiting for her when she was coming home from school.”

When contacted her again she reported him to police. He was arrested on August 28, 2015.

The second victim, Miss James, had been involved with Mills for six months, the court heard.

Miss Orchard said the relationship was fine to begin with but ‘went wrong when they decided to make their relationship official’. He was described as ‘paranoid about her ex-partner’.

Mills also started to tell Miss James what she should wear and about how much make-up she could put on, stopped her going on social media and would tell her she did not need other people in her life, only her parents and him.

On October 11, Miss James’ former partner had dropped their children off at her house but she told them to tell Mills that she had picked them up at her mum’s house instead.

But Miss Orchard said Mills overheard, adding: “After hearing this he came running down the stairs and, in her words, went crazy, spitting in her face, slapping her, pushing her over a washing up bowl and putting his hands around her throat.

“The children were in the other room but would have been able to hear him shouting at her that she was lying to him and that she was having sex with her ex-partner.”

He then pulled her trousers and underwear down and attempted to sexually assault her.

She locked herself in the bathroom as Mills kicked the door, bending her over the sink and banging her head off the mirror.

As the argument continued outside he snatched her mobile phone and told her she would not be contacting her mum or ex-partner to tell them what he had done.

Mills’ record shows 25 convictions for 53 offences, 12 for offences against people, one for a sexual assault (July, 2010) for which he received a two year prison sentence, 11 public order offences, two drugs offences and seven driving offences.

He shared an indecent photograph of a friend’s girlfriend on Facebook and made negative comments which led to a community order in March, 2013.

In January he was sentenced to 14 months in prison for battery and after various suspended sentence orders were activated.

Michael Aspinall, defending, argued that there was no ‘serious risk of significant harm’ from Mills and that sex with the underage girl was consensual with no aggravating features.

Mr Aspinall said: “He accepts he gets very jealous and he’s immature. He needs to change. He’s willing to do anything to change. He’s had enough of going in and out of prison.”

Judge Pearce-Higgins said Mills’s behaviour suggested ‘a young man not in control of himself and prone to violence and with disregard for women’.

Mills was sentenced to a three year community order to include a sexual offending programme and anger management, restraining orders to protect the victims and a criminal behaviour order.

The prosecution had argued Mills be sentenced to four years in prison.

A sexual harm prevention order will also be put in place which, if breached, can result in a maximum sentence of five years in prison.

“Punishment is one aspect of sentencing but rehabilitation is also very relevant” Mr Pearce-Higgins said.

Mills must sign the sex offender’s register for five years and pay a victim surcharge of £60.

Mills must return to court before the same judge within six months to see what progress he has made.

VICTIM SAYS "MONSTER" SHOULD BE IN JAIL

A BRAVE mother whose ex throttled and attempted to sexually assault her said the woman-beating ‘monster’ should have been jailed.

Philippa James courageously waived her legal right to anonymity after her former partner, Daniel Mills, was sentenced to a three year community order by Judge Daniel Pearce-Higgins at Hereford Crown Court on Wednesday.

The 33-year-old had understood Mills would receive a custodial sentence and says she is surprised and disappointed he has now walked free, thanking the judge as he left the dock.

As the victim of a sexual offence Miss James is entitled to anonymity for life under the Sexual Offences (Amendment) 1992 and Sexual Offences Act 2003.

But she has chosen to surrender this right to criticise what she believes is a lenient sentence which does not send a strong enough message to those who commit physical and sexual violence against their partners.

Miss James said the terrifying attack at her then home in Yates Hay Road, Malvern, on Sunday, October 11 last year has damaged her self-esteem and confidence.

Her 25-year-old ex-partner Mills called her ‘scum’, slapped her, spat in her face, grabbed her by the throat and tried to push his fingers inside her because he suspected her of being unfaithful with an ex-partner, the father of her two children.

When she hid in the bathroom he battered his way in and bashed her head off the mirror, angry that she had allowed the father of her children to drop them off at the house instead of at her mum’s.

She said: “He had hold of my neck so tightly I couldn’t breathe. The children were banging on the bathroom door. If it wasn’t for them I don’t believe he would have let go.

“He needs to realise the damage he causes people, not just me. I don’t think he realises the mess he leaves behind. He thinks he’s always in the right and he’s not. He’s dangerous to the public.

“He’s a bully, a woman-beater and a monster and heaven help anyone who gets involved with him and their families.”

The couple met through a friend and became Facebook friends before going on a date in Malvern. He would come and see her on the train as he had been banned from driving.

She said: “When we first met he was very charming - he wasn’t who he turned out to be.”

Miss James described him as a ‘bad boy’ who ‘loved that everyone was intimidated by him’ but would call her ‘princess’ and tell her how much he loved her.

Quickly his ‘controlling’ behaviour became apparent.

She said he would: - Time how long it took her to get from place to place, convinced she was being unfaithful to him.

- Bombard her with texts and phone calls 12 hours a day so that she felt like she was his property.

- Stop her from wearing make-up and tell her what to wear.

- Bang her head off the car window and off the hand brake if he suspected her of looking at other men and say ‘look what you made me do!’ - Stopped her using social media so that she deactivated her Facebook account.

- Grabbed her mobile phone out of her hand and went through her messages and made her change her phone number.

- Demanded she stop having contact with her friends, especially male friends because and her mum and the children were ‘all she needed’.

- Started a fight with two men at a pub in Malvern on their first date just for talking to her. She said he punched them before running off.

She said of the sentence: “I think it was wrong he didn’t go to prison. I’m quite surprised he wasn’t sent him to prison as I was told he was looking at a long sentence.

“It’s not just about the impact on me. I believe he will do it again. No-one can believe he’s out. He should stay in for the protection of everyone else.

“He told me what to do, what to wear, everything. I could not go to the shops or put makeup on.

“I was outgoing, bubbly. He knocked that out of me.”