A MAN from Lerwick who got into a bed naked with a sleeping woman has been placed under supervision for three years and given 300 hours of unpaid work to complete.
Adam Wood, of Robertson Crescent, previously admitted a sexual assault charge which saw him get into the bed at an address in Lerwick without the woman's knowledge or consent following a night out on 8 October last year.
Lerwick Sheriff Court previously heard that the 22 year old had gone to a flat where the woman was staying the night, after she had earlier rebuffed his attempt to kiss her in a night club.
Returning to the flat from the club shortly before 3am, the victim had left the door of the ground floor property open so that her female friend who lived there could get back in after she had been to a party.
On wakening the next morning, she had been shocked to find Wood, who had taken his clothes off, sleeping beside her and contacted her friend who had still not returned home.
After her friend returned and Wood was put out, the police were called. Wood continued to send remorseful messages to the complainer on social media.
The court had heard that there was no suggestion of sexual contact other than the victim becoming aware of Wood's body hair when she awoke beside him.
At Lerwick Sheriff Court on Thursday, defence agent Tommy Allan said that the "elephant in the room" was the contact between the pair in the club, but he said there was no evidence of intentional, deliberate touching in the bed.
The solicitor added that alcohol and drugs had affected his client's memory of the incident.
Allan said that Wood fully realised the distress he would have caused the woman and had accepted responsibility.
Sheriff Gordon Fleetwood said that he was persuaded by the "smallest scintilla" against sending Wood to prison as he had to be sure custody was the only option.
Instead, he gave the man a community payback order, with Wood also placed on the sex offenders register for three years.
He was also made to take part in the Moving Forward Making Changes project, a behavioural programme designed to provide treatment for men who commit sexual offences.