A Moray man who sexually assaulted a sleeping woman has been spared a jail sentence.
Kevin Duncan admitted climbing into bed beside his victim before repeatedly kissing her and touching her inappropriately.
The incident happened at a house in Keith in the early hours of March 8.
Fiscal depute Kevin Corrins told Elgin Sheriff Court that Duncan had already been drinking when he arrived at the woman’s house and had more alcohol once he got there.
She went to bed and dozed off but was then wakened by Duncan kissing her.
Mr Corrins said that Duncan’s victim also felt “as if she had been touched”.
He fled the property but was later traced by police and arrested.
The 20-year-old told officers he remembered “trying it on” with the woman, but had not meant to do it.
Sheriff Ian Anderson said: “I have thought carefully about this. I do take into account the serious nature of this offence and the affect it would have had on your victim.
“Nevertheless, I to take into account you have a very limited criminal record, what is in the public interest and what would prevent another woman from having this happen to her.
“In the circumstances, as a direct alternative to custody, I will impose a community payback order on you today.”
Duncan, of Larchwood, Deskford, now has six months to complete 225 hours of unpaid work.
His name will also be on the sex offenders register for nine months.
