In 2020, the Offender Database recorded that 59-year-old James Defalco—of Brixham, Devon—was jailed for four years for “persistently” ignoring court orders designed to protect the public from serious harm. Defalco appeared at Exeter Crown Court where he admitted breaching his Sexual Harm Prevention Order (SHPO) for the eleventh time. It was reported that the investigation established Defalco, who was previously known as Derek Hornett, had spent decades targeting vulnerable and elderly women, including infecting three victims with HIV.
The investigation established that within just 12 days of his release from prison in 2019, Defalco travelled to the home of a woman in Paignton whom he was legally barred from seeing. The prosecution reported that Defalco’s history of “reprehensible” conduct included introducing vulnerable young women to convicted paedophiles. Exeter Crown Court heard that Defalco’s criminal record dates back to 1989, when he was first jailed for having underage sex with a 15-year-old girl.
Judicial Findings and Investigative Detail
The court reported that Defalco was a “highly dangerous” predator who was patently prepared to ignore the law. The investigation established that in 2005, he was jailed for infecting an 82-year-old woman with HIV, and in 2019, he was sentenced for starting a sexual relationship with a 63-year-old without disclosing his condition. The prosecution reported that Defalco frequently used gifts of “sexy underwear” to woo his victims, focusing his “predatory intent” on both younger and older targets.
Judge-led proceedings at Exeter Crown Court concluded with Recorder Malcolm Gibney sentencing Defalco to four years in prison. For his actions in Brixham and Paignton and the “significant distress” he caused to his victims, he was identified as an individual who required long-term statutory exclusion from the community. The judge noted that Defalco’s repetitive breaches and his refusal to disclose his medical status to sexual partners demonstrated a total disregard for the lives of others.
Status and Statutory Requirements
For the records reported in Devon, the status of James Defalco as of April 10, 2026, was as follows:
- Custodial Status: SERVING (Sentenced to 4 years in 2020; currently incarcerated or under high-risk licence following multiple breaches).
- Sex Offenders Register: Notification requirements are active for LIFE.
- SHPO Status: Subject to an INDEFINITE Sexual Harm Prevention Order (Including total bans on introducing individuals to other offenders, mandatory disclosure of HIV status to any sexual partner, and strict digital monitoring).
- DBS Status: Placed on the Barring List (Indefinite ban on working with children or vulnerable adults).
- Legal Status: CONVICTED (Breach of SHPO x11; Grievous Bodily Harm; Underage sex with a minor; Failure to disclose HIV status).
- Judicial Oversight: Sentenced at Exeter Crown Court; investigated by Devon and Cornwall Police.
- Criminal Record: Infected multiple women with HIV; Targeted victims as old as 82; Breached court orders 11 times; Formerly used the name Derek Hornett.
- Origin: Brixham, Devon.
Monitoring and Public Protection
Defalco is managed as a Very High Risk dangerous sex offender within the Devon area. Due to the nature of his conduct—specifically his “serial transmission of a life-altering virus and his facilitation of contact between vulnerable women and paedophiles”—his management is a priority for the Devon and Cornwall Multi-Agency Public Protection Arrangements (MAPPA) at Level 3. Authorities state that his history of using aliases and his persistent attempts to evade notification requirements identify him as an individual who requires the most intensive tier of statutory oversight, including GPS tagging and unannounced residency checks.
As a registered sex offender for life, the 65-year-old’s details are permanently logged on the national police database. Authorities state that the lifetime SHPO is a vital safeguard to ensure he cannot continue his “predatory campaign” under a new identity. Any change of residence in Brixham or elsewhere, any failure to disclose his medical status to a partner, or any unauthorised introduction of individuals to other offenders will result in immediate arrest to ensure the ongoing safety of the public from a man who demonstrated a “persistent and lethal intent.”
QUESTION – Given that the offender has breached his prevention orders eleven times and infected multiple victims with a life-altering virus, do you believe that “Serial Breach of SHPO” should carry a mandatory life sentence to prevent further public harm?
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