A man from Lerwick who asked two girls aged 13 and 14 to take a bath together and allow him to watch has been placed under supervision for two years.
Michael Devine, of Leslie Road, was also made subject to notification requirements under the sexual offences act for the same period when he appeared at Lerwick Sheriff Court yesterday.
Sheriff Philip Mann said he decided against placing the 45-year-old in custody because he felt the offence was a “one-off opportunistic situation” and that he was unlikely to reoffend.
Devine previously pled guilty to intentionally causing the girls to hear a sexual verbal communication, which also included a request for them to give him their underwear, at his home address on April 3.
Procurator fiscal Duncan Mackenzie previously told the court that the two complainers began to visit Devine’s house in the fortnight prior to the offence because they “would be allowed to do things they would not be allowed to do at home”.
On the day of the offence, the teenagers and a boy were at Devine’s house having a general conversation and one girl, who was aged 13, said she wanted to have a bath.
At that point Devine suggested that the girls take a bath together and that he could watch them, while he also asked for them to give him their underwear.
The girls ultimately went outside to a nearby leisure centre and told a friend what happened. After police were informed, Devine was interviewed but initially denied all allegations.
Defence agent Gregor Kelly previously told court that his client, who was described as having a “severe alcohol problem”, had a “blurry” recollection of the incident but he accepted the charges.
Kelly added that Devine “chanced his arm” and asked if they could take a bath together.
At the court yesterday, Sheriff Mann said he was satisfied to follow recommendations by social workers to place Devine on a community payback order.
“This was a serious offence – all offences of this kind have to be taken seriously by the court,” he said.
However, the sheriff noted that it was “not the most serious” offence of its kind.
