A MAN who used his mobile phone to take indecent photos of himself abusing a woman as she slept has walked free from court.

Jenni Manners, of the Swindon Women's Refuge, says she is horrified by the sentence and has questioned the influence of Home Secretary John Reid, who last week reminded judges about guidelines on sentencing.

Jody Shaw even sent one of the depraved images to a friend after taking the snaps of his comatose victim.

But Judge Douglas Field, sitting at Swindon Crown Court, decided not to jail the 30-year-old for sexual assault and voyeurism.

Instead he imposed a 10-month sentence suspended for two years with a requirement he undertake supervision for a year and register as a sex offender for 10 years.

Shaw, of Minnow Close, Oakhurst, Swindon, had been charged with raping the woman in September 2005 but denied all the allegations.

The former barman was cleared of the more serious charge following a trial by jury in early December last year. But he was found guilty of sexual assault on the woman and voyeurism by taking the pictures on his mobile phone.

The court was told the woman had no recollection of the events of the evening when she ended up at Shaw's flat.

Stephen Bevan, defending, said that the jury's verdict meant his client and the woman had engaged in consensual sexual activity before the photographs were taken.

Shaw, he said, had suffered from depression in the past and the time waiting for his trial to come on had led to him needing medical treatment and counselling.

He said the pre-sentence report compiled by the probation service said that his client needed help to address his attitude and thinking.

Since Shaw was charged with the offences he had struggled to hold on to a job as people learned of the allegations against him, Mr Bevan said. He said his client was currently in work and had a new partner with whom he was hoping to have a family.

Passing sentence, the judge told Shaw his actions were demeaning and humiliating for the woman.

He said: "In my judgement these two offences took place when the victim was comatose, whether through sleep or because she had taken something be it she had drunk too much or taken drugs.

"My own view is that society will not be served by sending you straight into prison. My view is you are not a danger."

But Jenni Manners, who is also the chairwoman of Swindon Domestic Violence Forum, says until Shaw's attitude has been addresses he is still a danger to women.

After the hearing, she said: "What frightens me particularly is what this signals to husbands.

"If this is an outcome of the Home Secretary's mandate where will society end up?"