A female prison officer who had sexual trysts in a cleaning cupboard with a 30-year-old inmate when she was 19 was spared jail today after a judge heard of her ‘exceptional circumstances.’
Victoria Whitmore, now 22, was emotional during the sentencing hearing and sat in the dock dressed all in black as one count of misconduct in a public office was read aloud to the courtroom.
The mother-of-one left prison duties to spend time with serving prisoner, Gavin McIntosh, at HMP Woodhill – entering a cleaning cupboard together where ‘kissing’ and ‘sexual touching’ took place, the court heard.
Whitmore, who has been diagnosed with borderline personality disorder, said that full sexual intercourse did not take place. This was accepted by the prosecution.
The offending happened between February 10, 2021 and May 8, 2021 at the prison, which houses Britain’s most notorious prisoner Charles Bronson.
She had admitted the offence at a plea and trial preparation hearing.
Victoria Whitmore, now 22, left prison duties to spend time with serving prisoner, Gavin McIntosh, at HMP Woodhill
An intelligence report was issued and investigated by the defendant’s fellow prison officers. Their investigation brought Whitmore’s conduct to light.
Prosecutor Olivia English said: ‘Ms Whitmore was leaving prison duties to spend time with a serving prisoner and having personal phone contact with a serving prisoner.
‘Phone call downloads have been produced, which the Crown says Ms Whitmore engaged in during a number of phone calls with Mr Macintosh and sometimes with a third party.’
The court heard that some of the calls were ‘sexually explicit.’
Ms English said: ‘The investigation into the relationship between both parties started in February 2021 and culminated in the discovery of phone call transcripts and CCTV.’
Whitmore – who was aged just 19 at the time of the offending – and McIntosh were spotted entering the cleaning cupboard four times between February 10 and May 8, 2021.
Whitmore was suspended from duties at HMP Woodhill, Milton Keynes on May 20, 2021 but was spotted on CCTV at HMP Swaleside on two occasions up until November 2021. McIntosh was a serving prisoner at HMP Swaleside during that period.
Prosecutor Ms English said: ‘The Crown would suggest that whilst not being in public office, that is significant and indicates the length of the relationship.
‘It appears the relationship continued after she was suspended in May 2021.’
Oliver Pateman, defence counsel for Whitmore, said: ‘There has been no offending since these incidents, which in my submission, is relevant.
‘Mr Macintosh was a manipulative and dangerous prisoner.’
The offending happened between February 10, 2021 and May 8, 2021 at the prison, which houses Britain’s most notorious prisoner Charles Bronson
Mr Pateman added that his client was ‘naive and impressionable.’
He added: ‘She is not under any illusions that immediate custody may be the outcome today. She has brought her bag with her.’
The court heard that Whitmore is the primary carer for her young child.
Judge Catherine Tulk, speaking at Amersham Crown Court, Buckingamshire, said: ‘As a 19-year-old your ability to deal with the sort of behaviour that Mr Macintosh was engaging in, was substantially compromised.
‘It is very plain that your ability to deal with unwanted sexual attention was compromised.
‘You were dealing with a 30-year-old dangerous, manipulative, much older prisoner.
Judge Tulk said the offending was ‘low-level sexual conduct.’
She added: ‘There is a realistic prospect of rehabilitation in your case. You have demonstrated that over the past three years.
‘At this point I come back to the impact a prison sentence would have on others. Since this offence was committed you reconciled with your partner and you now have a young daughter.
‘I find there are exceptional circumstances which means that the inevitable prison sentence can be suspended.’
Whitmore, of Crownhill, Milton Keynes, was given a nine-month prison sentence – suspended for 18 months. She is also required to complete up to 25 Rehabilitation Activity Requirement days.
