News / Supervision for making girls hear sexual communication
A MAN from Lerwick who asked two girls aged 13 and 14 to take a bath together and allow him to watch has been placed under supervision for two years.
Michael Devine, of Leslie Road, was also made subject to notification requirements under the sexual offences act for the same period when he appeared at Lerwick Sheriff Court on Thursday.
Sheriff Philip Mann said he decided against placing the 45 year old in custody because he felt the offence was a “one-off opportunistic situation” and that he was unlikely to reoffend.
Devine previously pled 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 previously told the court that the two complainers began to visit Devine’s house in the fortnight prior to the offence because they “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 previously told court that 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 added that Devine “chanced his arm” and asked if they could take a bath 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.
At the court on Thursday, Sheriff Mann said he was satisfied to follow recommendations by social workers to place Devine on a community payback order.
“This was a serious offence – all offences of this kind have to be taken seriously by the court,” he said.
However, the sheriff noted that it was “not the most serious” offence of its kind.
Become a supporter of Shetland News
Shetland News is asking its many readers to consider start paying for their dose of the latest local news delivered straight to their PC, tablet or mobile phone.
Journalism comes at a price and because that price is not being paid in today’s rapidly changing media world, most publishers - national and local - struggle financially despite very healthy audience figures.
Most online publishers have started charging for access to their websites, others have chosen a different route. Shetland News currently has over 600 supporters who are all making small voluntary financial contributions. All funds go towards covering our cost and improving the service further.
Your contribution will ensure Shetland News can: -
- Bring you the headlines as they happen;
- Stay editorially independent;
- Give a voice to the community;
- Grow site traffic further;
- Research and publish more in-depth news, including more Shetland Lives features.
If you appreciate what we do and feel strongly about impartial local journalism, then please become a supporter of Shetland News by either making a single payment or monthly subscription.
Support us from as little as £3 per month – it only takes a minute to sign up. Thank you.
Already a supporter? Sign in to hide this message.
