Man caused girls to hear sexual verbal communication
A MAN from Lerwick who admitted asking two girls aged 13 and 14 to take a bath together and allow him to watch will learn his fate in July.
Michael Devine, of Leslie Road, appeared at Lerwick Sheriff Court on Wednesday to plead guilty to intentionally causing the girls to hear a sexual verbal communication, which also included a request for them to give him their underwear, at his home address on 3 April.
Procurator fiscal Duncan Mackenzie said the two complainers began to visit the 45 year old’s house in the fortnight prior to the offence.
He said the “attraction” was that the girls “would be allowed to do things they would not be allowed to do at home”.
On the day of the offence, the teenagers and a boy were at Devine’s house having a general conversation and one girl, who was aged 13, said she wanted to have a bath.
At that point Devine suggested that the girls take a bath together and that he could watch them, while he also asked for them to give him their underwear.
The girls ultimately went outside to a nearby leisure centre and told a friend what happened. After police were informed, Devine was interviewed but initially denied all allegations.
Defence agent Gregor Kelly said his client, who was described as having a “severe alcohol problem”, had a “blurry” recollection of the incident but he accepted the charges.
The solicitor said drink was freely available in the house and that “might have been the attraction”.
Kelly said Devine thought it was “strange” that one of the girls said she wanted a bath, but he “chanced his arm” and asked if they could take one together.
Mackenzie said the girl didn’t ask for a bath in Devine’s house in particular, but she just wanted a bath in general.
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Sheriff Philip Mann adjourned the case until 6 July for social work reports to be prepared and made Devine subject to notification requirements under the sexual offences act.
Meanwhile, a man from Lerwick who admitted a child sex charge relating to a girl when she was under the legal age of consent in the late 1980s has been placed under supervision for two years.
David Spence, of Commercial Street, was also made subject to notification requirements under the sexual offences act for two years and was prohibited from contacting his victim when he appeared at Lerwick Sheriff Court on Wednesday.
The 54 year old admitted using lewd, indecent and libidinous practises and behaviour towards the girl at his home and elsewhere between 1 February 1989 and 1 May 1989, as well as sexually penetrating her on three occasions.
Defence agent Tommy Allan said his client “deeply regretted” the offence and had become “unwell” with stress after the court case came to light.
While he said he had no intention to portray the female involved as “anything other than a victim”, the solicitor suggested she was a “willing partner”.
Sheriff Philip Mann said he decided against imposing a custodial sentence as he did not feel it was the only suitable option available.
He followed the recommendations of a prepared social work report and placed Spence on a community payback order.
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