An Angus woman who took a picture of a couple having sex in nightclub toilets and showed it to another person has been granted an absolute discharge by a sheriff.
Caitlyn Blackie took the picture of the couple having sex in the female toilets attached to the function room at Coast Nightclub in Arbroath.
She was convicted of showing a sexual image to another person without their consent and disclosing an intimate image without consent.
After admitting the charges of a sexual nature, Blackie, 21, was placed on the Sex Offenders Register as an interim measure.
Sympathetic sheriff
On Thursday, when Blackie returned to Forfar Sheriff Court for sentencing after background reports were prepared, Sheriff Krista Johnston wiped the slate clean.
She said: “I take into account, whatever occurred on this occasion, you come before the court without any record.
“You’re just a young woman.
“This was something motivated by alcohol, on the spur of the moment, with no deviancy.
“It’s had a considerable impact on you personally and I’m going to give you an absolute discharge so you do not have a conviction on your record.
“I wish you luck in the future to put this behind you and live in a responsible, pro-social way.”
She confirmed, as a result, there is not longer a requirement to register as a sex offender.
What is an absolute discharge?
The Scottish Sentencing Council describes the effect of an absolute discharge at summary level is that no punishment is given and no conviction is recorded.
It states: “An absolute discharge is only given in exceptional circumstances.
“Reasons for an absolute discharge can include, for example, that the crime is very minor, that the offender has been previously of good character, or that the offender is very young or old.”
Previous hearing
The court previously heard how Blackie, of Forfar, caught the couple romping and initially shouted “stop sh***ing”, before taking a photo.
She then showed it to a friend of the couple and when she was confronted by them, said: “I only showed a couple of people, it’s not the end of the world.”
When the male checked her phone later, the photo was not there.
Sheriff Mark Thornley had deferred sentence for reports.
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