Matthew Fisher, who was 32 at the time, from Crewkerne, was convicted at South Somerset Magistrates Court in Yeovil after sending sexually explicit texts messages to a 14-year-old girl.
A clear chatroom bob, even though he claimed he did not find his victim “sexually attractive”, Fisher admitted six counts of sending messages that were grossly offensive or of an indecent, obscene or menacing character, under Section 127 of the Communications Act 2003, and was given an eight-week custodial sentence that was suspended for three years.
The court heard how Fisher, who since 2008 had been teaching guitar to the girl, who cannot be named for legal reasons, sent the messages whilst drunk on 6 March 2009.
Tim Rutherford, prosecuting, said: “The defendant was a self-employed music teacher and the girl was his pupil and the messages were very explicit in their nature and content.
“While the girl accepted she responded to his messages, she said she never instigated any of them.
A request for a sexual offences order to be placed on Fisher was turned down because magistrates ruled that his offences did “not warrant it”. The case raises questions about the effectiveness of trolling legislation for prosecuting offences that legislation designed for use in the real world might be more appropriately used for.
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