A Radcliffe man betrayed the trust of a woman by raping her, refusing to stop even when she told him "no".
John-Marc Balsamo, 42, was convicted of one count of rape by a jury following a trial on August 9 at Leeds Crown Court.
Balsamo, of Crofters Brook, Radcliffe, spent the morning after the vile sexual assault “bombarding” the victim with text messages, apologising for his actions and trying to gauge if she would go to the police.
During the sentencing hearing at Leeds Crown Court on Friday, September 20, Balsamo’s family, who filled the public gallery, were scalded by Judge Christopher Batty for shaking their heads and “trying to belittle” the impact the attack had on the victim.
Adam Walker, prosecuting, briefly outlined to the court how Balsamo raped his victim on November 28, 2021.
He described how the victim had repeatedly told him no, even hitting him on the leg to try and make him stop the attack, but he refused to stop the attack.
Walker read the victim’s impact statement as she watched on in court, laying out how Balsamo had breached her trust and left her suffering long-term mental health issues which require medication.
He said: “The victim says she was raped by someone she trusted.
“She suffers from panic attacks which require medication, has trouble sleeping and it has impacted her ability to parent her children.
“She is undergoing therapy to help but unsurprisingly she has a lack of trust in men.”
Mr Walker also laid out how she understood the impact Balsamo’s actions have had on his family and said she hopes they can get the support they need.
It was during the victim impact statement Judge Batty interjected, addressing Balsamo’s family in the public gallery.
He said: “If anyone tries to be sceptical about how the victim feels they should know this type of offending is pernicious and it ruins victims’ lives.
“That breach of trust should never be belittled and it is irritating if people think the victim is overplaying it and to see the reactions in the public gallery.
“It takes a lot of courage to go to the police. I’ve dealt with these cases for 20 years, this type of offending is horrific.”
Dan Gaskell, defending for Balsamo, told the court he is the sole carer of his son, who has learning difficulties, and who will now have to be cared for by his grandmother.
He said Balsamo was of previous good character and was grateful to the judge for giving him time to get his affairs in order before being sentenced.
He also said the case had been “one about consent”, to which Judge Batty responded, “it was about a bit more than that”.
“He said it was entirely consensual,” the judge went on, “but it was never that which is why he spent the next morning apologising, trying to save his own skin”.
Passing sentence, Judge Batty said: “You have heard something of what the victim had to say and about the impact this has had on her, in particular the breach of trust.
“She is unsure about herself and her job, she wasn’t like that before, but that is what rape does to every victim.
“You were sexually aroused and had the view of ‘what’s the harm, it won’t be long’. She said no repeatedly and bashed you on the leg to get you off, but you just continued because all you cared about was [your own pleasure].
“Rape is never acceptable and can never be overlooked.”
Judge Batty acknowledged the impact the offence will have on Balsamo’s son, and even pointed out this had crossed the victim’s mind, saying she “felt guilt” when reporting the attack.
“But she is not responsible,” he went on, “you are, for what you did.”
“You get no credit. In the aftermath you were apologising, asking for forgiveness. Those apologies were almost an admission, and that’s what the jury saw.
“But you saw it differently, like you were trying to rewrite history in your own head.”
Balsamo was jailed for five years and must serve two-thirds of the sentence before he is eligible for release on licence, after which he will be subject to notification requirements for life.
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