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DJ jailed for sex attacks on man and woman with Down syndrome

Scott Sinclair
Scott Sinclair

A DJ has been jailed for five years for sex attacks on a man and woman who have Down syndrome.

Scott Sinclair ran a music and karaoke business in Elgin and took part in events organised for people with learning difficulties.

But in August 2014 the 41-year-old raped the male victim and molested the woman at a house in Moray.

Yesterday a judge rejected a defence plea to spare Sinclair a prison sentence, telling him he could not have “reasonably believed they were consenting to the sexual acts”.

Sinclair earlier denied three sex charges during a trial at the High Court in Edinburgh, but was convicted of inducing the woman, who was incapable of giving consent, to take part in sexual activity by getting her to take off her clothes and get into a bed.

He was found guilty of sexually assaulting the man, who was also incapable of giving consent, by kissing him, touching him and carrying out an oral rape on him.

Sinclair was also found guilty of sexually assaulting the woman by touching her private parts.

During a series of text messages with the man, Sinclair asked if he was having sex with the woman tonight.

The man had replied that he was not allowed to have sex but Sinclair asked him who had said that and told him it was nothing to do with others.

He questioned the man on whether he had drink and what type of alcohol was in his home and was told there was whisky, wine and cider. Sinclair told the man he would be at his home.

The jury were shown footage of the male victim giving evidence at a different court in which he said Sinclair had been drinking wine.

The man said Sinclair wanted him to have sex with the woman but added: “I didn’t want to do it. I was scared.

“I was talking to her but I didn’t do anything to her,” he said.

During his evidence he said: “He told me not to tell anybody.”

He added: “Not acceptable what he did.”

He was asked what it was that Sinclair had done and replied: “Sexual assault.”

The jury was also shown footage of the woman earlier being interviewed by a police officer while she held her mother’s hand.

“Scott said to me to take my clothes off. I didn’t want to do that,” she said.

She told the court that Sinclair said she and the man were ready for sex but she said she was not.

There was a division in expert evidence led at the trial but forensic psychologist Dr Gary Macpherson said he was in absolutely no doubt that both victims were learning disabled and that neither was capable of giving informed consent to sexual behaviour.

Since the offences, Sinclair had moved to Arbroath, where he acted as a carer for his father.

Defence counsel Gary Allan QC argued that it was an exceptional case which could be dealt with by the imposition of a community payback order.

Sinclair was placed on the sex offenders register indefinitely.

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