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Friday, May 02, 2014

Max Clifford gets 8 years: Judges Sentencing Remarks (in full)

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No commentary added, the remarks are very clear and graphic in detail, and as from reporting agencies check against delivery.

SOUTHWARK CROWN COURT
REGINA

-v-

MAXWELL CLIFFORD

SENTENCING REMARKS

1. You have been convicted of eight offences of indecent assault. These offences
may have taken place a long time ago when inappropriate and trivial sexual
misbehaviour was more likely to be tolerated or overlooked, but your offending
is not trivial but of a very serious nature and any perception to the contrary on
your part is misconceived.

2. You were charged with indecent assault under an Act passed in 1956. The
maximum sentence for these offences was set at two years imprisonment. By
the time that the Sexual Offences Act 2003 came into force, the maximum
sentence for sexual assault was increased to 10 years. What is more, some of
the sexual acts of which you have now been found guilty would now be
charged as rape or assault by penetration for each of which Parliament has laid
down a maximum term of life imprisonment.

3. These are historic offences which took place between 30 and 37 years ago. I
judge that the reason why they were not brought to light sooner is because of
your own dominant character and your position in the world of entertainment
which meant that your victims thought you were untouchable, something I
judge that you, too, believed and traded upon. This features in the evidence.
By way of example the victim of Count 11 told the jury that, as you were
pulling up your trousers after a sexual act and as she was leaving, you said
something like “no one is going to believe you” and it was said as if to make
her not tell anyone.   >>>>>>>>>continued



4. In respect of the victim of Counts 3-6, it was because of the trauma she had
experienced at your hands and her wish not to cause grief to her parents whose
confidence you had gained so as to let you take her out in the evening, that she
delayed reporting what you had done. It was only after protracted counselling
and the realisation that the police would listen to a complaint against someone
so firmly in the public eye that she felt able to come forward. In light of these
factors, whilst I shall make some allowance for the age of the offences, I judge
that you were largely responsible for the delay in the victims coming forward
and ought not to benefit from it.

5. I am going to set out the facts of these offences in some detail. The victim of
Counts 3-6 met you when she was on holiday. She was 15 years old. You told
her and her family that she was pretty and that you could help her get promotional
work. Back in this country you spoke to her on the telephone
pretending to be someone called Terry Miller. You made her repeat dirty
words over the telephone which you said Max Clifford would like to hear her
say and you got her to come to your office. You began to groom her by telling
her that she could be the UK’s version of Jodie Foster which blew her away,
and you made her show you her breasts although she did not want to.

6. Sometime later you went to her home which was not far from your own. You
got the trust of her parents who allowed their daughter to come out in the
evening with you. They thought their daughter was going to meet people who
could help her with her career.

7. She went out in the car with you perhaps 10 times in all between September
1977 and January 1978. You would park up in different places and would
persuade her that what you were doing was essential to establish a basis of trust
between you.

8. On occasions you exposed your erect p****s and told her to masturbate you,
having shown her what to do. Count 3 reflects one of about 7 occasions on
which this happened.

9. On one occasion you penetrated her with two of your fingers. That offending is
reflected in Count 4 and, had this offence taken place after the Sexual Offences
Act 2003 came into force, it would have been charged as an assault by
penetration.

10. On another occasion you degraded her by taking her to buy a revealing
wonderbra and then taking her to the home of a friend of yours and telling her
to dress in bra and pants and try to seduce the man whilst you watched.

11. Counts 5 and 6 reflect the first and third occasions on which you told her to
perform oral sex on you. You instructed her how to do it and criticised her
performance.

12. On the second time it happened, you told her that, on the last occasion she had
given you oral sex, a photographer had taken photographs from a position so
close in the bushes that you could see her freckles on the photograph.

13. She thought her life was over. You told her not to worry because you had lots
of connections with the press. If this was your attempt to make her even more
subservient to your wishes, it backfired. The next time you met she was in a
dreadful state and told you that she was going to kill herself. I do not judge
that it was an idle threat. She gave evidence of the bridge she had chosen from
which to commit suicide and that she knew it had been used before. She told
the court that she could not tell her parents because you had duped them into
letting her go off with you and even provided her with stories to tell her parents
about who you had met.

14. You did not contact her again. Had these offence been committed after the
2003 Act was in force, each would have resulted in a conviction for rape.
would have found under the guidelines that this was in category 2 in respect of
harm, bearing in mind the psychological harm caused to the victim, her
vulnerability and potentially her humiliation, and in category A in respect of
culpability having regard to the degree of planning and grooming, and abuse of
her parents’ trust in allowing you to take her away in the evening. That would
have given me a starting point for a single offence of 10 years. Bearing in
mind that there are two such offences and the background of other sexual
offending in relation to this victim and taking into account any mitigating
circumstances, I doubt that my overall sentence would have been below 8
years.

15. It was only after she had told her sister what you had done to her that she
decided to seek counselling. This started in April 2011 and she attended over
33 meetings to help her with the lasting effects of what you did to her.

16. She gained the courage to send you the letter which was found by the police in 
your bedside cabinet when you were arrested and which further supports the 
effect that your behaviour had on her. 

17. I have read her impact statement and additions to it. I accept that what you did 
to her at a young age has affected her early relationships with men and has 
even had an effect on her relationship with her husband. It also affected her 
relationship with her own parents. She sets out the effect it has had on her 
wider family. 

18. She speaks of the trauma of the trial process and I accept that, whatever steps 
the courts take to make the process less stressful for complainants, it is bound 
to remain a very difficult and distressing period for them. I accept the 
submissions that Mr Horwell QC has made about how much I should pay 
regard to what the effect of giving evidence has had on the victim, but you 
know that, by denying these offences, you have lost any benefit you may 
otherwise have obtained from a guilty plea. 

19. Not unnaturally, what she looks for is some sort of apology from you or an 
acknowledgement as to what you have been responsible for. She has been 
extremely upset by your public denials before trial, the reports of your attitude 
during trial – laughing and shaking your head in the dock at the accusations 
made against you. For my part I would add something that since the jury have 
returned verdicts I have discovered that you appeared behind a reporter outside 
this court whilst he was making his report of your evidence and during which 
 you mimicked his actions in a way that was designed to trivialise these events. 
I find your behaviour to be quite extraordinary and a further indication that you 
show no remorse. 

20. Whilst there is a difference in degree between your reaction to what then were 
allegations of indecent assault and those of a defendant who makes public 
denials and then pleads guilty, this additional element of trauma caused by your 
contemptuous attitude is something that I shall take into account in sentence. I 
can only hope that these proceedings will provide all your victims with some 
sort of closure.

21. The jury heard some compelling evidence of other sexual incidents in which 
you were involved. I disagree with Mr Horwell QC’s submission that on the 
basis of the two verdicts of not guilty and the failure of the jury to decide on 
one count I should ignore this behaviour entirely. Those three alleged offences 
had specific features and complexities in respect of the circumstances in which 
it was said they had taken place which make the jury’s findings wholly 
explicable. I do not find in relation to the bad character evidence which they 
heard any similar difficulties and, so long as I am sure that the events took 
place, as I am, I can take them into account insofar as the evidence informs me 
as to the offences for which you are to be sentenced. 

22. Pertinent to count 3-6 is the evidence of what you did to a 12 year old girl 
whilst she was on holiday in Puerto Cabopino. I am satisfied so that I am sure 
on the evidence which the jury heard that this amounted to another sexual 
offence against a young child. Had the offence not taken place abroad and at a 
time when it was not justiciable here you would have been charged with 
indecent assault in relation to it. 

23. This girl became a holiday friend of your daughter. Having groomed her by 
playing a tickling game with her in the swimming pool, you got her parents’ 
permission to take her to a Jacuzzi in the hotel complex. 

24. Whilst your daughter was absent and you were in the Jacuzzi with the 12 year 
old you put your hand down her bikini and onto her pubic mound and asked if 
she was ticklish there. You then got hold of her hand and moved it onto your 
erect p***s and started moving her hand up and down quite slowly. You 
stopped when your daughter came to the Jacuzzi. 

25. The offences reflected by Counts 3-6 are the most serious and the other matters 
I can take more shortly. The 20 year old victim of count 8 approached you to 
assist her with her acting career as a retired gymnast. You used a familiar 
technique by pretending that she would be considered for a new Charles Bronson 
film for which she would be perfect. 

26. You telephoned her between meetings pretending to be Terry Denton. You 
told her that Max Clifford thought she was really lovely and fancied her and 
that if she played her cards right she would become very famous.
27. When she came to your office for the second time you persuaded her that 
Bronson needed to see photographs of her and you gave her money to go out 
and buy underwear which would show off her figure. On her return you took 
pictures and tried to persuade her to put her legs apart for the camera. When 
she had changed you engineered a telephone conversation between her and 
either you or someone who was in cahoots with you pretending to be Bronson. 
She was encouraged to believe that Bronson was interested in her starring in 
his film. When you reappeared you lunged towards her and tried to kiss her. 
When she resisted and you pushed her down onto the sofa. She was really 
frightened and she was just screaming to leave her alone. She had the courage 
to kick you between the legs.
28. In her impact statement she identifies how it affected her ability to pursue a 
career as a stunt double and the distress she was caused by giving evidence. 
Counsel can only act on instructions and it is therefore you who bears 
responsibility for the distress caused to her by allegations being made that she 
had lied in order to obtain notoriety or money. 

29. I accept that the taking of photographs, even if there was film in the camera, is 
not an aggravating feature of this offence, but it was a ruse to make her 
compliant with what you then went on to do. 

30. The victim of counts 9 and 10 was 17 or 18 when she was introduced to you for 
advice on pursuing a modelling career. You took her into your office and told 
her how you could help and how lucky she was to be represented by you. 

31. You told her to take her dress off because you needed to see her figure. You 
told her that she turned you on and your hands moved over her body, chest and 
hips. This is reflected in Count 9.
32. She put her dress back on and, whilst you took a call from your wife, you 
masturbated yourself. When you had finished the call you came over to her 
and tried to get her to take your erect p***s in her mouth whilst you continued 
to masturbate. You were trying to force your p***s into her mouth, even 
putting your hand round her head to force it in and you managed to achieve a 
partial entry. You ejaculated over the left side of her face but mainly on her 
collar bone. Your behaviour is reflected in Count 10. This would now amount 
to the offence of rape. Ejaculation amounts to an aggravating feature of this 
offence. 
33. You caused her further degradation by telling her that she was to be invited to 
dinner with your wife and that Cubby Broccoli would be there who would get 
her into a Bond film. You wanted her to masturbate you under the table whilst 
you sat next to your wife and you made it clear that she must come to the 
dinner. You rang her several times after that to ask if she was going to come to 
dinner.
34. In her impact statement she explained how your regular appearances on 
television over the years has made it difficult for her to forget what had 
happened and get on with her life. She was upset by the hypocrisy that you 
showed in portraying yourself as someone who exposes the truth in respect of 
celebrities when you were living with your own lie. She felt she could not tell 
anyone what you did because you were so good at manipulating the press. She 
shows remarkable powers of forgiveness in her concern for the effect of this 
hearing on your wife and daughter. All she would have wanted from you is an 
acknowledgement of what you had done. 

35. The victim of Count 11 was 18 or 19 when she went one morning to Xenon 
nightclub just off Piccadilly for an audition. You happened to be there having 
a meeting with three other men. As she left the dance area you approached her 
and asked her if she would be interested in acting which she was. You enticed 
her by saying that you could get her a screen test for a Bond film. You 
pretended to telephone Cubby Broccoli and when the person on the other end 
of the telephone spoke to her she was told that, before she could get a screen test
 she had to do something else. 

36. He asked her if Max Clifford was circumcised and asked her to look. He had 
to say it again and you stood beside her smiling. You then led her by the hand 
to the gentleman’s lavatory and, once inside, locked the door. You put her 
hand on your erect p***s and told her to masturbate you. You pulled down the 
front of her leotard and pulled at her nipples. 

37. She told the court that she had just had her first relationship and it ruined it. 
They split up. In her impact statement she explained how her experiences left 
her unable to attempt to pursue a modelling career and how you had made her 
feel worthless. Whilst the experience of giving evidence was daunting she has 
felt so relieved since. 

38. I have already explained why I feel able to take into account as context to the 
offences which I am to sentence you for the other matters about which the jury 
heard convincing evidence. 

39. In particular a 19 or 20 year old who was working in fashion, was encouraged 
by you to think she could get a part in the series Dynasty. She got a call from 
you pretending to be the producer, Aaron Spelling, and spoke to her about the 
size of your p***s.
40. When she next saw you in your office you took your p***s out and asked her to 
masturbate you. You ejaculated onto her hand. 

41. You took an 18 year old on as your receptionist. You asked her to masturbate 
you on two or three occasions and she felt that she had no choice but to 
comply. You ejaculated into her hand and tissues. You fondled her breasts. 
You asked her to give you oral sex in exchange for being taken to meet David 
Bowie.
42. In 1986 an 18 year old dancer and part time model, having been told by you 
that she had something quite special for a career in films and mentioning a 
particular film for which she might be suitable, was persuaded to come to your 
girlfriend’s flat in Kingston to have photographs taken by Barry Ryan. 

43. She told the court that she now understood that you were grooming her. After 
the session and when the two of you were on your own you exposed your p***s 
and asked her to touch it to make it get bigger. It freaked her out so she got up 
and left.
44. When you met a 16 turning 17 year old interested in getting into modelling, she 
told you about sexual abuse she had suffered at her father’s hands. You 
therefore knew she was vulnerable. With her you played an elaborate game 
making her go over to Fenwicks to receive a call purportedly from a film 
director but in fact from you. Having asked her to discover what your Achilles 
Heel was it led to you exposing your p***s to her and eventually to you taking 
her to the lavatory at your office and making her masturbate you until you 
ejaculated over the toilet. 

45. Later you told her that you had arranged for her to be taken by someone else, 
who either pretended to be or was a film director interested in her for a part in a 
film, to his home. This other person put his arm round her and tried to kiss her. 
She told the court that was the only thing you ever did to further her career. 

46. I turn to your mitigation. You have had a very successful career as a PR 
consultant, Max Clifford Associates being one of the leaders in the industry. 

47. You are now just 71; you keep yourself fit but I do not ignore your underlying 
medical problems. You told the jury that, from the 1960’s onwards you have 
been in a privileged position to assist various charitable causes helping very 
sick children through “Dreams Come True” and becoming involved with the 
Royal Marsden and with Children Hospices UK and in particular two 
children’s hospices in Surrey. You are the patron of a number of charities 
across a broad spectrum. 

48. A number of charity workers have spoken highly of your dedicated work to 
raise funds for the charities and the real concern you showed for patients and 
staff alike. 

49. Although your charitable work has gone on long after your offending ceased, I 
cannot ignore that for decades you were leading a double existence. The care 
which you showed to those in the hospices and to your own daughter was not 
shown to the 15 year old, the subject of counts 3-6 or, in my judgement to the 12 
year old who you abused whilst on holiday. 

50. Whilst at the trial you were able to rely on your good character, on the jury’s 
verdicts you lost your good character in 1977 when you were aged 34. I accept 
your counsel’s submission that 29 years have passed since your last offence 
and these have been years of positive charitable conduct which you have never 
sought to publicise. I will make allowance for the good that you have done 
over the years and for the opinions of your friends and colleagues as to your 
character. 

51. I have also had regard to Mr Horwell QC’s submissions that you bare no 
responsibility for the result of other Yew Tree investigations and that I should 
not lose sight of the fact that in considering the use of maximum sentences 
these were not the gravest offences of their type imaginable. He urges me to 
make the sentences proportionate and that I should bear in mind that you are no 
longer a danger to women. 

52. In deciding the appropriate sentences I have taken into account the guidance 
provided in the authorities I have been shown and the assistance given at p.155 
of the latest Definitive Guidelines. I intend to impose consecutive sentences 
and, in doing so, have had to consider the totality of the sentence I am to pass. 
As a result some of the individual sentences may be lower than I would have 
passed if you had not been facing eight separate counts involving four separate 
victims. On the other hand I have felt it right in respect of counts 3 to 6 to 
impose consecutive sentences to reflect insofar as I can the sentencing 
guidelines now applicable. 

53. I have also take into account that there were multiple victims, that your 
offending extended over a period of 7 years, and that you targeted vulnerable 
women who you thought would comply because they were desperate to 
succeed in a career where success can be illusive. 

54. In respect of costs, I have made a reduction in the figure applied for to reflect 
the charges of which you were acquitted. You must pay £55,000 towards the 
prosecution’s costs and you have 28 days to pay. 

55. The offence is so serious that only a custodial sentence can be justified and the 
least possible sentence I can impose having regard to the aggravating and 
mitigating factors of the case which I have set out together with everything that 
your counsel has said on your behalf is as follows:­

56. You will go to prison on count 3 for 12 months
57. On count 4 for 18 months consecutive to the sentence on count 3
58. On counts 5 and 6 for 24 months on each concurrently but consecutively to 
counts 3 and 4, making a total in respect of this victim of 4½ years 

59. On count 8 for 6 months consecutive to the other sentences 

60. On count 9 for 6 months and on count 10 for 21 months to run concurrently 
with each other but consecutively to the other sentences. 

61. On count 11 for 15 months, to run consecutively with the other sentences.
62. Your total sentence is one of 8 years imprisonment
63. You will serve up to one half of your sentence in custody before you are 
released on licence; you must abide by the terms of the licence and commit no 
further offence or you will be liable to be recalled and you will then serve the 
remainder of the sentence in custody. 

64. The notification requirements apply indefinitely
  
----------------------------------------------------------------------
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the Publication (which may or may not include the Contribution) when promoting PBROTRIB’s business or subscriptions in media advertisement, show cards and other promotional aids. The Right to authorise The Newspaper Licensing Agency and similar reprographic rights organisations in other jurisdictions (“RROs”) to distribute or license the distribution of your Contribution throughout the world in any language(s) for RROs’ licensed acts and purposes as amended from time to time, and to keep available your Contribution through such RROs. The unlimited right to amend, edit, select, crop, retouch, add to or delete any part of the Contribution, in any format, whether electronic or otherwise, including the right to remove or amend any meta data associated with the Contribution.

The right to store the Contribution electronically.
In return for the licence granted in relation to the Material You Send Us, PBROTRIB will endeavour to provide the Credit with the Contribution. The licence granted to PBROTRIB shall survive any termination of the agreement between PBROTRIB and the
Rights Holder. Material We Request From You
Material We Request From You is a Contribution that
has specifically commissioned by PBROTRIB. PBROTRIB will contact a Rights Holder and
commission them to provide a Contribution in relation to a brief. An example of Material We Request From You is: PBROTRIB needs a photograph of a country building. PBROTRIB instructs the Rights Holder to attend the venue and take picture of the building. Material We Request From You does not include UGC, Material You Send Us or material that is governed under any other relationship between the Rights Holder and PBROTRIB . The Rights Holder will provide its own equipment and materials to fulfil its obligation for Material We Request From You. PBROTRIB is under no obligation to use the Contribution. Material We Request From You –
Assignment and Licence
PBROTRIB believes that Material We Request From You should be PBROTRIB ’s property as PBROTRIB has requested the Rights Holder’s services and instructed them to create the Contribution on its behalf. However, PBROTRIB acknowledges that the Right Holder may need a licence from PBROTRIB to
use the Contribution for limited purposes. Therefore, in submitting Material We Request From You to PBROTRIB , the Rights Holder assigns to PBROTRIB with full title, right and interest all existing and future intellectual property rights in the Contribution. In return, PBROTRIB will endeavour to give a Credit to the Rights Holder and PBROTRIB grants the Rights Holder a non-exclusive, non-transferable licence to use the Contribution in its own online and offline portfolio, provided that the following copyright notice is applied to the Contribution “©Peterborough
Tribune, used under limited licence”.
General notes about Rights: Any rights granted to PBROTRIB or the Rights Holder under this Charter shall survive termination of the Contract for any reason. Rights Holder Promises The Rights Holder promises: that it owns the Contribution and / or is (and will continue to be) authorised to grant the rights to PBROTRIB; nothing in the Contribution is blasphemous, discriminatory, defamatory, untrue, misleading or unlawful; that the Contribution complies with the NUJ Code of Professional Conduct and the Independent
Press Standards Organisations Editors’ regulations and Code of Practice; the Contribution does not contain any virus, Trojan horse, hidden computer software or similar; the Contribution does not infringe the intellectual property rights of any third party; where the Contribution contains Personal Data, all
the necessary consents in compliance with the Data Protection Act 1998 have been obtained; where the Contribution contains images of children under the age of 16, written parental consent has been obtained and can be provided on request; and maintain and comply with, at all times, the highest ethical standards in the preparation, creation and delivery of the Contribution.
Complaints In the event that a complaint is raised in relation to a Contribution, the Rights Holder agrees to co-operate fully with any internal or external investigation or process. Status. The Rights Holder is an independent contractor and nothing in the Charter shall render the Rights Holder an employee, worker,
agent or partner of PBROTRIB. The Rights Holder is responsible for any taxes/national insurance payable in relation to any services provided under the Charter.
Indemnity The Rights Holder shall keep PBROTRIB indemnified in full against all loss incurred or paid by PBROTRIB as a result of or in connection with any claim made against PBROTRIB by a third party:
arising out of, or in connection with the Contribution, to the extent that such claim arises out of the breach of this or any terms of this Charter (including any Special Terms); and for actual or alleged infringement of a third party's intellectual property rights arising out of, or in connection with the use of the Contribution except in so far as the claim arises as a result of changes made by PBROTRIB or a breach of the Licence by PBROTRIB.
Variation of the Charter No variation of any term of this Charter will be effective, unless it is set out in writing (letter, fax or email) and signed by
a relevant authorised representative of PBROTRIB. If you wish to submit a Contribution and are unable to agree with the terms of this Charter or if you
have any questions regarding this Charter, please contact a relevant authorised representative of the PBROTRIB publication.
Problems & Disputes In the event of a problem or dispute in relation to a Licence and/or in connection with this Charter, in the first instance the Rights Holder and the Editor will look to resolve the dispute amicably. Application of the Charter Unless otherwise agreed, this Charter shall be interpreted in accordance with the laws of England and Wales and English courts will have exclusive jurisdiction