Highland pensioner who sexually assaulted a woman after they had been drinking is spared a jail sentence
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A 67-year-old man who admitted sexual assault has been sentenced to the maximum amount of unpaid work allowed.
Sheriff Margaret Neilson said she was imposing a community payback order on John Wylie of Lochalsh Road, Inverness "with some hesitation".
Wylie had previously admitted sexually assaulting a woman at another city address on July 3, 2018.
His sentencing had been delayed due to the Covid crisis.
Wylie received the maximum 300 hours of unpaid work.
He was also placed under social work supervision and on the Sex Offenders' Register for three years and ordered to have alcohol treatment and engage in a sex offender's rehabilitation programme.
He was warned if he did not comply, he would be jailed.
In March, Inverness Sheriff Court heard that Wylie had returned to the property from work and consumed alcohol with the woman before he made sexual advances towards her.
Depute fiscal Robert Weir told Sheriff Neilson that these advances were rejected and he was asked to leave the house, but refused.
The woman was intoxicated and on the landing within the house when Wylie then took hold of her shoulders and pinned her to the floor on her back, the fiscal said.
He said Wylie then placed his hand under the woman’s dress and sexually assaulted her.
She tried to scream, he said, but was unable to do so due to the fact that Wylie had placed his arm on her neck.
The woman bit him on the arm and he eventually released his hold on her and went to bed.
Mr Weir said the woman then sent a text message to a friend about the incident.
This friend reported the matter to the police and an investigation followed.
A fingernail scraping from Wylie was found to contain the woman’s DNA and she later provided a full statement to officers about what had happened.
Defence solicitor advocate Mike Chapman told the court that his client had a long-standing alcohol problem, brought on by a family tragedy years ago.
"Although a section of the report does not reflect well on him regarding his awareness of the impact on the victim, every time I have spoken to him he has asked of the welfare of the woman," he said.
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