Eastfield Rapist's Prison Sentence More Than Doubled by Court of Appeal

A rapist’s prison sentence has been more than doubled after a Court of Appeal review supported by Scarborough detective

Detective Constable Nick Burton, from Scarborough and Ryedale CID, has successfully appealed an unduly lenient sentence handed out to a rapist.

Szczepan Zenon Malczewski, 38, from Eastfield, was originally given two years and nine months’ imprisonment on 2 August 2024 at York Crown Court after pleading guilty to rape and sexual assault by penetration on a young woman in a pub toilet in Scarborough on 7 May this year.

On behalf of the victim, who cannot be identified for legal reasons, DC Burton made an application to the Attorney General’s Office under the Unduly Lenient Sentence scheme.

This was then referred to the Court of Appeal where a hearing was held yesterday (Tuesday 22 October 2024).

Lord Justice Bean, Mr Justice Sweeting and Her Honour Judge De Bertodano quashed the previous sentence and substituted it with a prison term of six years.

They judged that the original sentence had not fully taken into consideration the severe psychological harm caused to the victim as well as her vulnerability when Malczewski attacked her.

Speaking after attending the hearing in London, DC Burton said:

“It is pleasing that we have been able to successfully appeal the original sentence which has almost doubled to six years’ imprisonment.

“This is only right given the horrendous nature of the attack carried out by Malczewski on the young woman.

“Again, I hope this outcome provides some comfort and strength for the victim who has shown true bravery throughout this ordeal.”

The incident happened at the town centre pub at around 10.40pm on Tuesday 7 May this year.

The victim, who is aged in her early 20s, had been drinking in the pub with her friends before they left to go home.

Malczewski followed the victim into the toilets and would not let her leave.

He later admitted forcing himself on her for around 10 minutes despite the victim’s repeated calls for him to stop.

Uniformed officers were called to the scene soon after and arrested Malczewski nearby.

The victim received immediate specialist care and support from the police and other partner agencies such as the Sexual Assault Referral Centre.

Detective Constable Nick Burton, from Scarborough and Ryedale CID, led the stranger rape investigation.

He was able to piece together the evidence gathered at the scene, including forensics and crucial CCTV footage from the communal area of the toilets.

Speaking in August DC Burton said:

“This particular CCTV footage clearly showed Malczewski’s movements and behaviour in the build-up to the incident, along with his aggressive demeanour towards the victim when she was helped out of the toilets by concerned staff members.

“She had suffered an horrendous attack and was in a state of collapse shortly after Malczewski ended the ordeal.

“The evidence against him was overwhelming. Ultimately, he admitted in police interview that the victim had not given her consent at any stage and that he felt ashamed when he saw the CCTV footage of his aggressive behaviour towards her after the attack.”

DC Burton added:

“The victim has been courageous throughout and I truly hope she can take strength from the sentencing knowing her attacker has rightly been imprisoned and will be closely monitored by law enforcement authorities for the rest of his life.

“It is also important to stress that when such harrowing incidents do occur, North Yorkshire Police and our partner agencies will do everything we can to support victims and bring offenders to justice.”

Reporting sexual offences and seeking professional support

North Yorkshire Police

Make a report via the website or call 101, option 4 and speak to the Force Control Room.

If you or someone you know are in immediate danger, always dial 999 for an emergency response. 

NSPCC Helplines:

• Anyone concerned about a child can contact the NSPCC Helpline for advice on 0808 800 5000. Adult victims of non-recent sexual abuse can also get in touch for support.
• Childline is available for young people on 0800 1111 or at childline.org.uk

Sexual Assault Referral Centre (SARC) Victims who would prefer not to go direct to the police and are not in immediate danger, can contact Bridge House, North Yorkshire’s Sexual Assault Referral Centre (SARC), on 0330 223 0362, email bridgehouse.sarc@nhs.net or go to www.bridgehousesarc.org/

You can also contact the Supporting Victims in North Yorkshire at www.supportingvictims.org or call 01609 643100.