A man who claims he was the victim of an elaborate catfishing plot has been found guilty of sending an indecent image of himself to an underage girl online.
Scott Gerrard faced accusations that he chatted to a 13-year-old decoy called ‘Ruby’ and sent her a picture of his private parts despite knowing she was a child.
A trial at Aberdeen Sheriff Court heard the 35-year-old chatted to the decoy account for months after it was created by a member of a paedophile hunter group.
Despite evidence that Gerrard had shared a number of personal details, he maintained he was a victim of catfishing – when a stranger steals someone’s identity online.
Gerrard claimed that an American woman known as “Gwen” had stolen his identity and personal images of him and it was actually her who was chatting to the decoy.
Fiscal depute Sean Ambrose described Gerrard’s claims as “spurious”.
Sheriff Morag McLaughlin found Gerrard guilty of one charge that he caused a person he believed to be under the age of 16 to view an image of an indecent and sexual nature and attempt to communicate indecently with a child.
She also placed him on the sex offenders register.
Sheriff McLaughlin told the court: “I have to consider whether I find Mr Gerrard’s explanation to be credible. I don’t find it to be credible.
“He does accept that that indecent photograph is his and he accepts that it was taken in the bedroom of his house.
“And he accepts that much of the information provided by ‘Scotty’ is relevant to him.
“I don’t find the explanation that was provided to the police to be a credible one in terms of the alleged impersonator ‘Gwen’ and the effort that person would be required to go to to obtain that information.
“I find Mr Gerrard guilty of charge one.”
The fiscal depute described a private online chat between ‘Ruby’ and ‘Scotty’ that began on July 5 2020 and ended on September 3 2020.
The chat log showed that ‘Scotty’ was aware of the age of the decoy teenager prior to sending unsolicited sexual messages.
He then asked the 13-year-old decoy if she would like to see his private parts before forwarding an image of himself.
One message from Scotty to the girl stated: “Would you like to see it, maybe? Would it make me a paedo if I did?”
Dates given to decoy matched with holiday taken by accused
Defence agent Liam McAllister told the court: “The circumstances that would be led by the Crown is that a group have pretended to be a 13-year-old girl with a view to enticing anyone who engages with children.
“Mr Gerrard’s position is that ultimately he is the victim of a catfishing. If there is someone pretending to be a 13-year-old girl on one side then there is someone pretending to be him on the other.
“With reference to male genitalia, his position is that that picture was sent to another person and in a sense, once it is out there it is out there.”
However, Detective Constable Chris McKie told the court that during the online conversation ‘Scotty’ had shared information with ‘Ruby’ that was only specific to Gerrard, such as the ages of family members and when he was on annual leave.
It was stated that Gerrard, a forklift truck driver, had told the decoy that he was on holiday from work at some point during August 2020.
Detective McKie and his team requisitioned Gerrard’s work records that showed he was indeed on holiday during that time.
During closing speeches, Mr McAllister claimed that the Crown had found “no forensic link” that Gerrard had created the online account on Meet Me.
However, Sheriff McLaughlin found Gerrard, of Garthdee, guilty and deferred sentence on him in order for a criminal justice social work report and a restriction of liberty order assessment to be carried out.
She also placed him on the sex offenders register.
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