A man who flashed at three boys in the changing room of a leisure centre has narrowly avoided jail and been placed on the sex offenders’ register.
Ian Thain winked at the boys and pointed at his penis leaving one of his victims “shaking in discomfort”.
He appeared for sentencing at Kirkwall Sheriff Court having previously admitted intentionally exposing his genitals in a sexual manner and making indecent comments while naked.
The incident occurred at lunchtime on May 13 when the trio were getting ready to play football at Kirkwall’s Pickaquoy Centre
Thain, who was not known to them, winked at them in the changing rooms before emerging from a shower with a towel wrapped round a shoulder of his otherwise naked body.
His genitals were exposed while he said: “Have you ever seen an old man naked before?”
Thain then pointed to his penis and said: “There you go”.
Flashing victim left ‘shaking in discomfort’
The boys initially laughed but one recalled that he had started shaking in discomfort.
After their game, they returned to find Thain still at the centre, watching activity in the soft play area.
One of the boys alerted a staff member and police were called and arrested Thain.
The court heard that 58-year-old Thain also admitted a similar previous conviction in August 2019.
Solicitor David Fairnie, for Thain, addressed Sheriff Robert Frazer’s concern that social workers did not believe Thain appreciated the seriousness of what happened.
Changing room flasher thought behaviour ‘funny’
Mr Fairnie said: “Possibly he needs a considerable amount of persuasion to reflect upon his behaviour which he thought might be funny.”
Thain, he said, is willing to co-operate with the terms of a community-based disposal. He has taken steps to tackle an alcohol problem and has been seeing a community psychiatric nurse.
Mr Fairnie said: “I’d respectfully suggest there’s sufficient there, just, to allow him to remain at liberty.”
The previous offence had not resulted in Thain being placed on the sex offenders register.
“I’d suggest that is the differentiator here,” said Fairnie. “It says something about him, which the wider community will know. “It may be the factor which allows my lordship to give him a very, very last chance.
“He accepts he’s in the last chance saloon if he doesn’t go to custody today.”
Sheriff Frazer expressed his concern that Thain has not recognised the seriousness of his actions.
Unpaid work for changing room flasher
Placing Thain on a three-year community payback order and adding his name to the sex offenders register for the same period of time, the sheriff said it was only with considerable hesitation that he did not jail him, adding that the terms of the community order will reflect the gravity of the offence.
As part of it, Thain, of St Peter’s Park, Stromness, has to cooperate with social workers and carry out 230 hours of unpaid work.
He is banned from going to the Pickaquoy Centre or any other leisure centre that admits children and is not permitted to have unsupervised contact with under-16-year-olds.
