A 57-year-old man who sexually attacked a child at a house party after buying booze for her and other underage teenagers has avoided a prison sentence.
Married Alexander Miller previously admitted engaging in penetrative sexual activity with the 15-year-old in October last year.
Dunfermline Sheriff Court heard the girl “froze” and “felt pain” during the vile act, which she thinks lasted about seven or eight minutes.
Procurator fiscal depute Alistair McDermid told the court Miller had been drinking alcohol that night and went to a shop to spend £60 on booze for a group of about a dozen teens, aged between 13 and 16.
He also pled guilty to engaging in sexual activity with two other girls – aged 13 and 15 – at the party.
On another occasion last summer, Miller touched a woman’s breasts and buttocks and asked her to look at his penis as he urinated beside a shed.
Miller, of Rosyth‘s Primrose Court, appeared in the dock last week for sentencing.
Defence lawyer Alexander Flett said Miller attributed his behaviour to excessive alcohol consumption and had stopped drinking since his last offending took place in October 2021.
The solicitor said the author of a social work report viewed alcohol as a risk factor and Miller, as a result of his current abstinence, is considered to be at “relatively low risk of offending”, making a community-based disposal suitable.
‘Outrageous’ behaviour
Sheriff Susan Duff told Miller: “These are very serious offences against young girls under 16.
“I take into account you have seen the impact excess alcohol has had and you have stopped drinking and the social worker says she considers that significant removal of the risk of committing this type of offence in future.
“In these circumstances I am persuaded to follow the recommendation in the report provided.”
Sheriff Duff placed Miller on a two-year offender supervision requirement as part of a community payback order.
The sheriff made a conduct requirement which means Miller will need social work approval for activities such as employment or having contact with anyone under the age of 18.
Miller was also told to carry out 200 hours of unpaid work and was placed on the Sex Offenders Register for two years.
He appeared in early September at Dunfermline Sheriff Court to admit five charges under the Sexual Offences (Scotland) Act 2009.
At that time, Sheriff Grant McCulloch heard the details of Miller’s case and told him his behaviour was “outrageous,” that “drink is not an excuse” and that in his mind a custodial sentence would be the “most likely outcome”.
Defence lawyer Mr Flett also told the court then Miller had a conviction from over 20 years ago which was accepted to be “very valid”.
£60 on booze for teens
Procurator fiscal depute Mr McDermid told the court previously that during the house party one 13-year-old girl had left because Miller was “giving her the creeps” as he kept trying to speak to her.
As she left, Miller hugged her and ran his hand over her clothing and breasts.
The court heard at one point during the night, Miller kissed another 15-year-old on the cheek and placed his hand on her thigh.
The fiscal depute said: “He grabbed the front of her top and pulled it down, exposing her cleavage.
“He threw an ice cube down the front of her top.”
Mr McDermid said the same teenager asked him for a cigarette a short time later and he placed one between her breasts and pushed her breasts together.
When she cried “ouch” he made a lewd sexual comment.
Girl ‘froze’
As the gathering drew to a close, another 15-year-old girl had felt sick and went to bed.
Miller came into the room once, was told to leave, then returned and positioned himself at the foot of the bed before carrying out a sex act.
Mr McDermid told the court that the girl “felt pain” during this and “froze,” adding: “(She) thinks the penetration went on for around seven or eight minutes”.
One of the teens then woke and shouted at Miller to leave the room.
The fiscal depute said: “As he left, (the girl) curled up into a ball and began to cry.”
The fiscal depute also told the court on another occasion in June last year, Miller touched a woman’s breasts and buttocks while at an allotment.
He then began urinating at a nearby shed and asked the woman to look at his penis.
When she didn’t look he said: “Look, I have my d*** out”.
