Man found guilty of sexual assault following jury trial

Content warning: This story contains details of sexual assault. If you have been affected by this issue, help is available.

A MAN has been found guilty of sexual assault following a jury trial at Lerwick Sheriff Court this week.

Stephen Gray, of Walls, had his sentence deferred on Thursday for social work reports until 2 September and was placed on the sex offenders register.

The 65-year-old was found guilty by a jury of sexually assaulting a woman, while she was intoxicated and unable to give or withhold consent, between 1 March and 31 August 2021. He had denied the charge.

Two other charges – communicating indecently with the woman and supplying her cocaine – were dropped by the crown during proceedings at the court on Wednesday.

The complainer in the sexual assault charge said during evidence at the court on Wednesday that on the night in question she and Gray were in the company of each other, with the man pouring her strong drinks.

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She said she ultimately became “blackout drunk” and did “not really remember anything until the next morning”.

The woman said she woke up naked on a couch with a blanket over her, but then “remembered what I thought was a bad dream”.

She said this “bad dream” was Gray performing a sex act on her.

Her “stomach dropped” when the pair were later in a car together and Gray commented that someone else may be upset if they knew what they did – confirming to her that it was not a “bad dream”.

During questioning she said she “absolutely” did not consent, adding she would not have been in a position to provide consent given her intoxication.

The court heard how the woman later revealed the incident to a family member, saying she had been sexually assaulted.

However in a police interview in 2025 which was read out to the court, Gray provided a different account of the night.

He had told officers that the woman had taken her clothes off, saying they could have a “lot of fun”, before allegedly climbing on top of him while he was lying on the couch.

Gray also said that the pair had both been drinking whisky and that “one thing led to another”, with the man ending up with his top off – but he did not remember how.

During the interview Gray, who has worked as a fisherman, told police he engaged in the sexual act but believed it was consensual, adding that “she didn’t seem that intoxicated”.

Gray, who also said he thought he was the “victim”, had told officers: “I will never plead guilty to something I’ve never done”.

Earlier on Wednesday the court heard evidence from two other witnesses who had spoken to the complainer about the incident a period of time after it took place.

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One witness who saw the woman in person following the incident told court that the complainer said she had been “rendered incapable” after drinking whisky which Gray had provided.

However “she did not say she was forced to drink it,” the witness said.

The witness said when she confronted Gray about the allegations he cried, which she said was out of character.

A separate witness who spoke to the woman after the incident said it was her view that Gray had been “plying” the woman with drink.

During closing speeches on Thursday, jurors were reminded that they had to be convinced beyond reasonable doubt of Gray’s guilt.

Procurator fiscal Duncan Mackenzie said the “real issue” with the case was whether the complainer consented or not, questioning what “credible steps” Gray took to ascertain consent.

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He argued that there was no room for a “speculative, middle ground of reasonable belief”.

Mackenzie also said he questioned if the woman was able to make the necessary choice regarding consent.

He also said in his view there were a number of ways the woman’s evidence to court could be corroborated.

The fiscal also made it clear to jurors that there is “no textbook response” to being sexually assaulted, and questioned “why would she lie?”

Defence agent Tommy Allan meanwhile referenced the “reasonable belief” that consent was provided from the woman to Gray through her alleged actions.

He also said the complainer’s account of events was “sketchy at best” given the levels of intoxication, and added that some of the other witness accounts were based on what they had been told by the woman.

“It’s not inconceivable that two people have different views of what took place,” Allan added.

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He also reminded jurors about the presumption of innocence for those appearing in the dock.

“I suggest you must have a doubt, and that doubt is more than reasonable,” Allan said.

The jury of 15 returned to the court room more than one and a half hours later to deliver a guilty verdict.

Sheriff Ian Cruickshank deferred the case for the preparation of a criminal justice social work report and a restriction of liberty order assessment.

He told Gray that “all sentencing options” will be considered.

He was also placed under sexual offender notification requirements.

It was the first jury trial to take place at Lerwick Sheriff Court since 2019.

Since then the Scottish Government has removed the ability for jurors to select a ‘not proven’ verdict, with the only outcomes guilty or not guilty.

Also since the start of this year the jury majority required for a conviction moved from a simple majority to at least two-thirds of the 15 jurors.