A 73-year-old man who molested the a young girl for four years escaped a prison sentence on Friday.

Judge Michael Lawson, QC, told Michael Smith that although he deserved to go to jail treatment was more vital so that he was no longer a danger to the public.

Maidstone Crown Court heard that Smith repeatedly abused the girl between the ages of nine and 13, often "pouncing" in alleyways, his allotment shed and local woods.

He told her he liked her to wear skirts rather than trousers as it made it "easier" for him, and would give her sweets and money.

Explaining his decision not to send Smith to jail Judge Lawson said: "This type of offence, whatever your age, demands a sentence of imprisonment. Be under no illusion.

"But because they were committed at a time when the law was different and sentencing powers were different, if I sentence you to imprisonment the risk to the public would remain the moment you were released.

"I have no power under the old law to sentence you to imprisonment and insist you undergo a period of sexual rehabilitation treatment. So while it would be satisfactory to mark it with a sentence of imprisonment I do not want to see anyone still at risk.

"The only way I can go to ensure that is to make a three-year community rehabilitation order with a condition that you attend and participate in the sex offenders’ programme."

Smith, of St Andrew’s Court, Pinewood Gardens, Southborough, admitted a total of nine offences of indecent assault between June 1993 and June 1998.

The court heard he was living in Pembury at the time. He was aged 61 when he began to molest her.

Prosecutor Deborah Charles said Smith would sit on a wall outside her family home chatting to children.

The abuse always followed a pattern, she added, with Smith touching the girl under her clothing. On one occasion he also performed a sex act on her. "He wasn’t aggressive and always acted as if nothing had happened," said Miss Charles.

"It took place in a variety of locations, including alleyways near where he lived, his house, his allotment shed and in local woods. His victim describes the defendant as 'pouncing' on her."

The abuse finally came to an end when the girl told her mother. She confronted Smith and warned him to keep away. However, the police were not alerted until years later when the girl, encouraged by her counsellor, reported it to them herself.

Judge Lawson added that the girl’s victim impact statement made "distressing reading".

He told Smith: "These offences were disgraceful behaviour and while you may have thought they were minor indecencies I hope you have had a chance to read the victim impact statement to realise just what long-term effect your conduct has had. I hope you never forget that."

Following his arrest, Smith claimed the girl had instigated the abuse by saying she wanted him to touch her and that he did so, "like a fool".

He denied getting any sexual gratification from it. "When asked by the police why he did it he said because it was an opportunity," said Miss Charles.

The court heard that Smith has a previous conviction for indecent assault when he was fined £50 in 1974 for touching a six-year-old girl.

Fiona Moore-Graham, defending, said Smith accepted his behaviour was wrong and that he deserved a prison sentence. She agreed with Judge Lawson that treatment was needed and added that the sex offenders’ programme was "vigorous".

Smith denied three further offences of indecent assault, on the same girl, and these were ordered to be left on file.