Moray man who sexually assaulted a teenager in broad daylight ordered to carry out unpaid work
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A MAN from Moray who sexually assaulted a terrified teenager in broad daylight in Fochabers has been ordered to carry out unpaid work.
The attack happened at "The Pinni" in Fochabers which runs along the River Spey on July 24, 2021.
But Sheriff Eilidh Macdonald decided against jailing 40 year old Benjamin Mearns of Stewart Place, Mosstodloch who had admitted the attack, because he "would not get the help and treatment he needed in jail."
Instead, the Sheriff ordered him to carry out 270 hours of unpaid work, ordered him to remain under social work supervision for three years - the same duration he will remain on the Sex Offender's Register.
He was also ordered to make his electronic devices available for inspection at all times, not to delete search history and not to browse secretly.
Inverness Sheriff Court had previously been told that Mearns had approached the girl and her friend as they made their way to go swimming in the river with three boys.
Sheriff Macdonald said: "These are very frightening acts - predatory behaviour and I am extremely concerned. I could easily send you to jail as you need help and treatment to prevent you from behaving in this way again and to protect the public.
"You will not get it if I send you to jail. This is your one chance and one chance only. If you do not comply, you will go to jail."
Fiscal depute David Barclay had told the court previously that Mearns offered the girls, both then aged 14, £20 to take their photographs in their bathing costumes.
"They repeatedly said no, were frightened and scared and ran away. He cycled out of view."
Sheriff Eilidh Macdonald was told that when the girls had finished swimming and were heading home when Mearns re-appeared on his bicycle and one of the girls began to run away.
Mr Barclay added: "But she tripped and fell. As she was about to get up, his hands were on her shoulders, he pushed her back down and pulled up her bra.
"She was screaming and kicking out. Her friends heard her and two of the boys struck him to get him to leave.
The prosecutor said that police were called and with the help of CCTV footage from local businesses, Mearns was traced and arrested a week later.
The court heard that Mearns' late plea of guilty to sexual assault and breach of the peace was made on the day of the trial, "sparing the five child witnesses of reliving this."
Defence solicitor Matthew O'Neill told the Sheriff: "This was a moment of madness in a place which was very busy at the time on a warm summer's evening. He made an impulsive decision which was massively inappropriate and he himself is gobsmacked at how he behaved. He was almost certainly going to cause trouble for himself as it was daylight, there were a lot of children around and there were a number of individuals out walking their dogs. It was inevitable he would have attracted their attention and there was little prospect of him getting away with this.
"After a breakdown in a relationship when he was 21, he has led an isolated life and lives alone. He has had no relationship since and his social anxiety has increased." Mr O'Neill went on.
