Guest house owner wins Sexual Offences Prevention Order appeal

A Dundee guest house owner who admitted sexually assaulting a sleeping woman has had his Sexual Offences Prevention Order (SOPO) removed.

At the appeal court, lawyers for Edward Anderson, 65, argued Sheriff Kenneth McGowan had erred in imposing the SOPO for five years.

Anderson committed the crime in 2012 and had previous convictions including one for rape in 1983.

In sentencing him the sheriff referred to a forensic psychologist report suggesting the attack on the woman was premeditated.

This was based on diazepam being found in a glass at the victim’s bedside, which was interpreted as an attempt to incapacitate the woman.

The diazepam was not part of the charge and was not part of the Crown narrative.

Appeal judge Lady Smith, sitting with Lady Paton and Lord Menzies, said care must be taken “to avoid treating allegations or suspicions as established fact.”

Too much weight was given to the risk of Anderson reoffending, and they ruled the SOPO was an oppressive sanction that placed unreasonable limits on Anderson.

The SOPO was quashed but Anderson remains on a three-year Community Payback Order.