Martin Rosenfield, 62, was sentenced to six months behind barsMartin Rosenfield(Image: Manchester Evening News)
A social worker has been jailed for engaging in a sexual encounter with a ‘vulnerable’ woman.
Martin Rosenfield, 62, was sentenced to six months behind bars after admitting that his behaviour amounted to misconduct in a public office. Rosenfield, who worked for Salford council, did not resist when his victim instigated sexual activity after he attended her home.
He then texted her after, describing the incident as ‘wonderful’. Rosenfield claimed the remark was made in connection with their conversation, but a judge said this lacked credibility.
He has since lost his job, his home and his marriage, Manchester Crown Court heard. Rosenfield was a ‘contact worker’ employed by the council to supervise ‘contact sessions’ between the victim, who cannot be named for legal reasons, and her children. The pair had each other’s phone numbers and ‘wisely or not’, Rosenfield began ending their messages with an ‘x’, meaning a kiss.
The day before the sexual encounter, they had texted each other. The victim told Rosenfield ‘thank you for another great contact session’. About an hour later, the victim received an unsolicited image of a man’s genitals from an unknown number.
Rosenfield leaving court following a previous hearing(Image: Manchester Evening News)
The messages became sexualised and the victim also replied with sexual messages. She came to believe that the unknown man was actually Rosenfield.
But enquiries proved that it wasn’t, and the incident was described as an ‘unfortunate and remarkable coincidence’. The following day, the victim texted Rosenfield to say she had ‘give up’ and that she wouldn’t be attending another meeting.
He urged her to not ‘give up’ and asked if he could attend her home. He did, and when inside they kissed and she performed oral sex on him. Afterwards, she texted Rosenfield saying ‘that was so good’ and Rosenfield said ‘that was wonderful, thank you’.
The police were alerted, and Mr Rosenfield was prosecuted. Rosenfield, from Bury, pleaded guilty to a charge of engaging in misconduct in a public office.
But he disputed elements of the prosecution’s case. He denied that he had instigated sexual contact with the victim, and insisted it was actually her who had instigated it.
Following a trial of issue, where both parties gave evidence, Judge Nicholas Dean KC ruled that it was the victim who had instigated the sexual activity. He also ruled that the victim had expressed a sexual interest in Rosenfield.
“That is not in any way shape or form a criticism of her,” the judge told Rosenfield. “As you accept, you could and should have resisted what occurred. But you allowed the encounter to progress to a sexual act.” Rosenfield had abused his position by allowing the encounter to continue, the judge said.
He continued: “It must have been apparent to you from your contact with her that she was a vulnerable individual. You were affectionate towards her. I don’t suggest that was inappropriate.
“But it may have contributed to what occurred. No doubt you quickly came to realise that what you had done was wrong, and you felt a sense of shame. You have been punished in many ways for this behaviour. All as a result of a very brief sexual encounter.
“But a sexual encounter you should have recognised at the time was profoundly wrong and potentially very damaging towards [the victim].”
Defending, Dan Calder described the episode as a ‘single, isolated incident’ with a ‘highly unusual’ and ‘perhaps unique set of events’. Mr Calder said Rosenfield had worked for himself for many years before taking a job at the council. He said Rosenfield and his former wife had fostered 16 children and had three children himself.
“As a consequence of his actions in this case his marriage has ended and he has been required to leave the family home,” Mr Calder said. “He has lost his career. He has been deregistered as a foster carer.”
He added: “He bears no ill will towards [the victim] whatsoever.” Mr Calder said references submitted to the court told of Rosenfield’s ‘kindness, compassion and generosity’, and his ‘work ethic’ and ‘loyalty’.
He appealed to the judge to spare sending Rosenfield to jail, highlighting his lack of previous criminal convictions and arguing he had ‘significant personal mitigation’.
But Judge Dean said that there were ‘public policy reasons’ why offenders convicted of misconduct in a public office should be sent to prison. “These circumstances seem to me to apply equally to social workers as to police officers and others,” he said.