A former Inverness barman has been found guilty of sexually assaulting a woman after a party.
Andries Van Der Schyff, 33, of 18 King Street, Inverness, lodged a special defence with the city’s sheriff court claiming that the woman had consented to sexual activity.
Following a two-day trial before a jury at Inverness Sheriff Court he has been found guilty by majority of sexually assaulting the woman, when she was incapable of giving or withholding consent.
The woman, who can’t be named for legal reasons, told the court earlier that she woke up after a party in a flat in Tomnahurich Street on December 3, 2012, to find a man she “barely knew” removing her underwear.
She said she had fallen asleep in the flat after a night out drinking with staff from city centre premises Johnny Foxes and The Den, where Van Der Schyff, known as Andy Velvet, worked.
She told the court: “I don’t really remember anything from the party being in full swing until waking up.”
She said the first thing she was aware of was Van Der Schyff removing her trousers and underwear.
She said he then touched her “with his hands” inappropriately, which went on for a minute before she had made an excuse to leave.
The court also heard from the transcript of Van Der Schyff’s police interview where he claimed his victim removed her own trousers and underwear and consented to sexual activity with him before kissing him and leaving.
He denied that she had told him to stop.
He told police they had never shown much interest in each other before that night and that it had happened “on the spur of the moment”.
He added: “Obviously now I regret it and it shouldn’t have happened but it did happen and I’ve nothing to be ashamed of. I did nothing wrong. I didn’t force anything on her.”
He also told the police he was “not angry with her” and would “forgive her” if he saw her.
Sheriff David Sutherland deferred sentence on Van Der Schyff until June 17 for background reports.
