A Dundee sex offender who described the molestation of his underage victim as like “fumbling on a first date” has avoided prison.
Victor Don, 53, was given unpaid work, having pled guilty to indecently touching a 14-year-old girl.
The pervert, of Dundee, tried to claim the incident was similar to “light petting”, similar to a “fumbling teenager on a first date”.
Prosecutor Emma Farmer previously told a court Don and the child were the only people in the flat at the time of the incident.
“The accused entered the kitchen where the complainer was and, initially, everything was OK.
“However, the accused commented about how pretty she was.
“The accused has then touched the complainer on the bottom, before proceeding to unzip the top she had on, before putting his hands inside the top.”
Acted as if nothing happened
Se told Dundee Sheriff Court the attack continued for several minutes and moved from the kitchen to near a bedroom door.
Miss Farmer said: “The complainer said she was shocked at this and felt paralysed, given the close proximity to the bedroom door.
“She had significant concerns.
“All of a sudden, the accused stopped what he was doing.
“The complainer described it as though the accused had realised what he was doing was wrong.”
Don then told the girl to go to the living room, before “acting as if nothing had happened”.
Community order
When Don returned to court for sentencing, Sheriff Lorna Drummond QC was told in mitigation by defence solicitor Lee Qumsieh: “He did accept responsibility at the outset.
“He has been speaking with a therapist in Edinburgh and has done so voluntarily.
“He is described in the report as suitable for a community-based disposal.
“He is clear he will comply with any order.
“He is 53, with no previous convictions.
“It was a one-off but he accepts it is a serious charge.”
Banned from contact with under-17s
Sentencing Don to two years supervision and 180 hours community service, Sheriff Drummond said she would take into consideration his early plea of guilty.
She said: “There is a presumption against short sentences.
“I have read the criminal and social work report in full and I am satisfied there is an alternative to custody.”
Don will be required to register as a sex offender for two years and will not be allowed unsupervised contact with children under the age of 17.