A serial sex offender has avoided a prison sentence after claiming he didn’t know his penis was out of his trousers.
A dog walker spotted Marcus Anthony Cook standing in a park with his hands on his hips and his manhood hanging out of his unzipped flies.
The 55-year-old has indecently exposed himself in public so many times that a court previously ordered him always to have two articles of clothing covering his private area.
However, Cook claims that on April 27 all his clean pants were at the launderette, which is why his penis was on view in Poverest Recreation Ground, Orpington.
“I must have gone to the toilet and forgotten to zip my flies up,” he said.
On Wednesday (July 19) this explanation was accepted by Bromley Magistrates’ Court and Cook was given a community order rather than a prison sentence.
At 7.20am a woman was walking her dog when she saw Cook standing on the path with his penis hanging out of his flies, prosecutor Catherine Van Zeeland said.
Police were called and after Cook was arrested he admitted that his penis was out but he said that he didn’t know it at the time.
“I’m homeless and living in a tent in Poverest Recreation Ground. I wash my clothes in a laundrette and on that day I had no clean pants left,” Cook said.
Cook pleaded guilty to breaching his Sexual Harm Prevention Order as the Crown Prosecution Service accepted this explanation as his basis of plea.
The dog walker was very distressed by the incident and withdrew her support for Cook’s prosecution as she was worried about bumping into him at court, Ms Van Zeeland said.
“I’m constantly thinking about it and I’ve been constantly worried about bumping into him or him finding out who I am,” the dog walker said.
Cook has a long criminal record which includes the sexual assault of a female, three convictions for indecent exposure and two breaches of a Sexual Harm Prevention Order.
A probation worker who wrote a pre-sentence report said they believe there is an element of thrill seeking involved in Cook’s behaviour.
Cook’s defence counsel disagreed with that claim and said his previous offending had taken place when he was not engaging with mental health services.
The court heard that he is now engaged with those services and that although he remains homeless he is hoping to relocate to Lincolnshire to live with his sister.
Sentencing Cook, magistrates gave him a two-year community order including conditions that he participates in the Horizon Programme, which is designed to rehabilitate sex offenders.
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