A man who gave an underage teenage girl drink and drugs and then choked her during illegal sex has been jailed for a year.
Benjamin Lewis initially believed the girl, who was drinking alcohol in a bar when they met, to be over 18.
But when he learned that she was under 16 he continued to pursue the relationship, having “nightly” illegal sex with the teen, during which he would place his hands around her neck and apply pressure.
Lewis appeared for sentencing at Inverness Sheriff Court having previously admitted intercourse and sexual activity with an older child, as well as a charge of breaching his bail conditions by failing to appear at an earlier hearing.
Fiscal depute Emily Hood had previously told the court that Lewis met the girl, who was over 13 but under 16 at the time in the Kyle of Lochalsh area.
The pair began messaging each other on social media in September 2019 before the “relationship” progressed.
The teenager’s father became concerned after noticing a “dramatic change” in his daughter’s behaviour. When he began to suspect Lewis could be involved he offered a “friendly reminder” about his daughter’s age.
However, his fears were confirmed when the family were sent screenshots of a chat between Lewis and a mutual friend, where Lewis conceded he was aware of her age and said: “I love her, it is hard”.
Another screenshot showed the girl under a duvet.
The girl later admitted the relationship to police and social workers.
Man took drugs and alcohol with girl
Ms Hood told the court: “She confirmed they spent a lot of time together, during which they consumed drugs and alcohol the accused had obtained.”
The girl said that the pair would have sexual intercourse on a “nightly basis”.
“During this, he would place his hands around her neck and apply pressure to the neck area,” Ms Hood said.
The girl also revealed plans she and Lewis had made “to run away together” but said he had ended their relationship after she failed to meet him to do this.
Solicitor David Patterson told Sheriff Robert Frazer his client was unaware of the girl’s age at the outset of their relationship.
He said: “He built up a friendship with the complainer. He first met her in a bar. She was drinking alcohol, and she told him that she was older.
“Later on a relationship developed and it turned into a sexual relationship.”
Mr Patterson said that the relationship continued after the girl’s father told Lewis her “true age”.
“He understands fully that it is an offence,” he said.
‘A wrong relationship’
Mr Patterson added: “This was, at the start, a consensual relationship. A wrong relationship, but consensual nonetheless.”
Sheriff Frazer told Lewis, of Oxford Street, Maerdy, Wales: “You are 28 years of age. You entered into what I’m going to describe loosely as a ‘relationship’ with the complainer over a period of nine months.
“You have indicated that you were aware of the complainer’s age within a month of meeting her. You were aware of her age and you continued the relationship.
“You were the adult and therefore you have to bear responsibility for what happened, which included the repeated consumption of alcohol and drugs as well as sexual activity, which is aggravated by the part of the libel where you placed your hands on the complainer’s throat and compressed it.”
He jailed Lewis for 12 months and placed him on the sex offenders register for a period of 10 years.
