A MAN who sexually assaulted a young women on a bathroom floor while she was under the influence of alcohol and incapable of consent, has been placed on the Sex Offenders Register for two years.
Stuart Paterson assaulted the 22-year-old while she was ill and intoxicated at an address in Largs on March 25 last year.
Paterson, of St John’s Place in Ardrossan, was sentenced at Kilmarnock Sheriff Court last week after previously pleading guilty to the assault and being granted bail.
The 25-year-old had appeared at the same court in January and Sheriff Iona McDonald deferred sentence on him for background reports and a risk assessment.
But last week the court heard that Paterson had breached his bail condition by failing to notify police within three days that he had moved from his former address in Glasgow Street. He was taken into custody at the time then released again on bail.
The court heard that the risk assessment of Paterson found him to be “sexually preoccupied with numerous social media accounts”.
The court also heard that Paterson had been chatting to both males and females online and that there were “numerous pictures” on his phone of his genitals.
Paterson’s solicitor, Mr Alexander Currie, said that his client had consumed a lot of alcohol on the night of the offence and that he did not recollect much of the evening “possibly because he can’t believe he behaved in such a way that night”.
Mr Currie added: “There was a witness who described to me that prior to the complainer becoming ill, the accused and the complainer had been lying together on a settee. It may be that Mr Paterson got the impression that there were mixed signals that night.
“He has reached the age of 25 and he has no previous convictions of any description.
“His mother’s position is that she has never identified any difficulty with her son with regards to the female sex, nor had any cause to worry about his attitudes. He just appears to be a normal young man. If he has difficulties in the past they never manifested themselves. This offence is a year-old and there has been nothing since.”
Mr Currie also said that Paterson wished to clarify a fiscal error made during his previous court appearance regarding the age of the woman he assaulted.
The defence lawyer said: “One difficulty was that the complainer was 17 but it is my understanding that she was in fact 22. He seemed to think that was an important matter. He had been anxious that the lady was 22 and not 17. Mr Paterson’s supervisors took the view that it is important and he wanted it clarified.”
But Sheriff McDonald said that she had concerns that Paterson’s risk assessment found him to be of “medium to high risk” and that police had assessed him as “high risk”.
Sentencing Paterson, Sheriff McDonald said: “There are now two matters before me. The risk assessment indicates that it may be of benefit to the community that you are placed on a Community Payback Order with a Supervision Requirement and a Programme Requirement.”
Paterson was put on the Moving Forward Making Changes Programme, ordered to carry out 150 hours of unpaid work, placed on the Sex Offenders Register for two years and given a Sex Offender Prevention Order for five years.
Sheriff McDonald told Paterson that he must inform police officers of any associations or relationships he has with any females for a period of five years, warning him: “If you don’t do it you will be imprisoned.”