A cyclist who chased a 14-year-old girl and sexually assaulted her at a Moray beauty spot has been warned he will go to prison if he doesn’t get help for his predatory impulses.
Benjamin Mearns, 40, grabbed the schoolgirl and exposed her breasts near the River Spey at Fochabers.
The disturbing daytime attack came after the girl and her friends made their way home from an afternoon of swimming at the river.
Today, at Inverness Sheriff Court, Mearns was told he was being kept out of jail because he wouldn’t get the help he needs if he was locked up.
The attack happened at the Pinni area of the river on July 24, 2021.
Pushed her down and pulled up bra
“They repeatedly said no, were frightened and scared and ran away. He cycled out of view,” he said.
But when the girls had finished swimming and were heading home Mearns re-appeared on his bike and one of the girls began to run away.
Mr Barclay added: “But she tripped and fell. As she was about to get up, his hands were on her shoulders, he pushed her back down and pulled up her bra, exposing her breasts.
“She was screaming and kicking out. Her friends heard her and two of the boys struck him to get him to leave.”
‘He is gobsmacked at how he behaved’
The prosecutor said that police were called and with the help of CCTV footage from local businesses, Mearns was traced and arrested a week later.
Defence solicitor Matthew O’Neill said: “This was a moment of madness in a place which was very busy at the time on a warm summer’s evening.
“He made an impulsive decision which was massively inappropriate and he himself is gobsmacked at how he behaved.
“He was almost certainly going to cause trouble for himself as it was daylight, there were a lot of children around and there were a number of individuals out walking their dogs.
“It was inevitable he would have attracted their attention and there was little prospect of him getting away with this.
“After a breakdown in a relationship when he was 21, he has led an isolated life and lives alone. He has had no relationship since and his social anxiety has increased.”
Sheriff Eilidh Macdonald decided against jailing Mearns, of Stewart Place, Mosstodloch, because he would not get the help and treatment he needed in jail.
‘I could easily send you to jail’
Instead, she ordered him to carry out 270 hours of unpaid work and remain under social work supervision for three years – the same duration he will remain on the Sex Offender’s Register.
He was also ordered to make his electronic devices available for inspection at all times, not to delete search history and not to browse secretly.
Sheriff Macdonald said: “These are very frightening acts – predatory behaviour and I am extremely concerned.
“I could easily send you to jail as you need help and treatment to prevent you from behaving in this way again and to protect the public.
“You will not get it if I send you to jail. This is your one chance and one chance only. If you do not comply, you will go to jail.”
‘Sickening behaviour deserves severe punishment’
However, the sentence has attracted criticism from the shadow justice secretary Jamie Greene.
The Tory MSP said: “Sex pests who have targeted young teenage girls should not be getting away with their crimes this lightly.
“It’s about time that things changed in Scotland’s justice system, so that the victims of crime, especially women and girls, are at the heart of it.
“That is what the Scottish Conservatives intend to do, starting with my proposed Victims Law.”