A man this week escaped a jail term for sexually assaulting a woman in a Stirling city nightclub.
Colin Devlin had been found guilty following a summary trial of carrying out the assault in Fubar in Maxwell Place in May last year.
The 27-year-old had touched the woman on an intimate place over her clothing.
His agent told Sheriff Derek Hamilton that Devlin had been intoxicated when he carried out the offence.
Devlin, a first offender, she said, understood that it would have been dreadful for the complainer to have gone through the court proceedings and the “weight put on her to attend court and participate in the trial”.
She also pointed out that Devlin suffers from Asperger’s Syndrome and finds social situations difficult.
But referring to a restriction of liberty order assessment prepared for the court Sheriff Hamilton pointed out that Devlin had expressed worries over his parents’ thoughts on the matter.
His partner was also due to have a baby this summer.
It seemed, he said, that Devlin was more concerned about how the sentencing would look and how it would affect him, adding: “Mr Devlin is forgetting who is the victim here.
“He will not be able to pick up his partner from her work if he’s in custody.
“He needs to accept he was found guilty and requires to be sentenced for that.”
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Devlin’s solicitor insisted that the accused did understand the nature of the charge and severity of the proceedings, but added that he had never appeared in a court before.
He had lost his job as a result of the guilty verdict, she said, and it was unlikely that he would ever be reinstated in that line of work.
He was now on Universal Credit and needed to look at pursuing a career in future.
With a child on the way payment of a financial penalty would not be easy – and he would also find a custodial sentence “very difficult”.
Passing sentence, Sheriff Hamilton told Devlin court proceedings must have been “traumatic” for the complainer, adding: “I’m not getting the feeling you really understand that.
“This offence clearly crosses the custody threshold. It’s a sexual assault.
“However, the circumstances are you are a first offender and a baby is on the way.”
He added “on this occasion” he would deal with the matter through a community-based disposal, but warned Devlin if it was breached he could face prison.
Sheriff Hamilton imposed a Community Payback Order comprising the maximum of 300 hours’ unpaid work to be completed within 12 months.
Devlin, of Colquhoun Street, was also placed on the Sex Offenders’ Register for five years.
