Aug 29 2008 by Les Stewart, Perthshire Advertiser Friday
A 42-YEAR-OLD Perth man who indecently assaulted a woman as she lay sleeping on the settee in his flat has had his name added to the Sex Offenders’ Register for three years.
James Martin, of South William Street, was also put on probation for the same period – and two special conditions were imposed.
He has been ordered to take part in the Tay Project, which aims to rehabilitate sex offenders, and to attend alcohol counselling or treatment deemed necessary by his supervising officer.
Perth Sheriff Court was told Martin took advantage of the female after they had been at a wedding reception and returned to his house for a party.
Depute fiscal Lucy Keane told the court that the incident took place in the early hours of Friday, June 20.
The accused and the complainer were friends and had been to the reception before returning to his place, with other people, for a party.
Martin was sitting next to her on the sofa and she was beginning to “drift off” before finally falling asleep.
But she woke up to find him with his hand inside her underwear.
“She asked him to leave her alone, which he did,” added the depute fiscal.
The accused then went to sleep in another room and the victim spent the night on the sofa.
It was the next day before she contacted the police.
The police spoke to the accused two days later and he admitted his involvement.
Solicitor Jamie Baxter said the court would take a “very serious view” of the matter.
He added: “Although no previous convictions are libelled, there’s reference in a background report to a previous incident in 1990, which is concerning.”