HER MAJESTY'S ADVOCATE v. K.H.

[1] At a first diet at Falkirk Sheriff Court on 4 December 2013, the respondent pled guilty to a charge which libelled that:

"on 14 January 2013 at [a secondary school] you ... did sexually assault SR [aged 15] ... block her exit to prevent her from leaving a cupboard, seize her mobile phone, touch her bottom and breasts over her clothing, attempt to kiss her, kiss her, pull her towards you, expose your naked erect penis to her, masturbate your naked erect penis, make remarks of a sexual nature to her, and rub your naked erect penis against her clothing in the area of her vagina to the emission of semen; CONTRARY to Section 3 of the Sexual Offences (Scotland) Act 2009".

[4] The complainer made her way back to class, but later that afternoon, when going home on the bus, she told a friend and later her boyfriend about what had happened. The police were in due course involved and the respondent was questioned. He initially gave a no comment interview, but then provided an account similar to that given by the complainer with the exception that he maintained that the sexual activity had been consensual.

[5] In the course of his plea in mitigation, the respondent's agent told the sheriff something of the general nature of what he asserted, albeit upon some investigation, was the complainer's sexual experience. He described the respondent's conduct as "clumsy, immature, fumbling". It had been maintained by the Crown that the complainer had been left anxious about the incident and had had nightmares concerning it. She had, on the other hand, sought out the respondent at a local social club on occasions, although the respondent had avoided her.

[7] The CJSWR assessed the respondent as suitable for a Community Payback Order and recommended a supervision requirement of 3 years duration in order that a more detailed assessment of the respondent could be carried out and suitably focused work identified.