An Inverness man who sexually assaulted a drunk woman just days after he walked free from court on another offence has been jailed for more than three years.
Benjamin Mackay had sentence deferred for good behaviour at Inverness Sheriff Court on April 13 after he admitted possessing a stash of indecent images of children.
But just five days later, the 23-year-old pounced on a victim at a flat in south-east London.
The former lifeguard, who also has a conviction for asking two schoolgirls to send him naked pictures of themselves, was jailed for three years and four months at Woolwich Crown Court this week.
Mackay groped the sleeping 29 year-old between her legs, causing a tiny cut.
Mackay, of 5 Woodlands Close, Westhill, Inverness, pleaded guilty to assault by penetration on April 18 at an address in Birling Road, Erith, south-east London.
Prosecutor Julia Faure Walker told the court Mackay had travelled down to London to assist an elderly relative with some decorating, but decided to stay overnight at another house ten minutes away.
“Alcohol was consumed and the victim, who was staying at the house overnight, bought more alcohol and the defendant was also drinking.”
Miss Faure Walker told how the victim fell asleep at about 11pm, and the assault happened.
She added: “It maybe lasted twenty seconds and she felt in danger.”
Mackay offered her a cigarette then went outside for a cigarette.
“She recalls feeling quite disgusted.
“The defendant returned and started to stroke her legs as she lay on the sofa.”
The next day the “emotionally fragile” victim reported Mackay to the police and when arrested he told officers: “No way, no way.”
He has been in custody ever since.
The court heard the victim suffered a 0.5 millimetre laceration. “She is receiving counselling and says her trust in people has disappeared,” added Miss Faure Walker.
In her victim impact statement she said of the period following the sexual assault: “Those days were the darkest days of my life.
“After the assault I tried to carry on as normal. I attempted to go to work, but couldn’t get through the door and sat in my car, not knowing what to do.
“For a stage I went completely numb and considered quitting my job and packing up and running away and it took a long time before I felt any better.”
Mackay’s lawyer Mr. Sachin Rajput told the court: “He’s pleaded guilty without wasting the court’s time. This is an isolated, opportunistic incident.
“He’s gone one step, maybe two steps too far. Her legs were on him and he did something he regrets.”
Mackay has completed 140 hours of the 300 hours community service work he received for the offence involving the two young girls.
On his internet dating profile the six foot one defendant says he’d like to have children, despite currently needing permission to be in the company of underage youngsters.
Judge Nicholas Heathcote-Williams QC told Mackay: “This was committed five days after a sentence was deferred in Scotland to test if you were behaving well.”
Mackay was also ordered to sign the sex offenders register indefinitely and was placed on the barring list preventing him working with children and vulnerable adults.
