A Fife funeral director who sexually assaulted a woman in her Methil home has been put on the Sex Offenders Register for five years.
Alex Little previously pled guilty to cuddling his victim, unclipping her bra and fondling her breasts, all while she was intoxicated and incapable of giving consent at the property on May 6 this year.
The 48-year-old appeared at Kirkcaldy Sheriff Court for sentencing on Monday.
Sheriff Timothy Niven-Smith told him the assault on his then 31-year-old victim was “opportunistic,” adding: “You went upstairs and seized your opportunity to assault a female who was asleep and heavily intoxicated”.
Little was spared jail but ordered to carry out unpaid work.
Drunken night out
The court heard previously that the woman had been out drinking with friends in the Levenmouth area when she met Little.
The mood was described as good before she and a friend took a taxi home and carried on drinking.
Later in the night, Little spoke to the woman by phone and she gave him permission to attend her address.
Prosecutor Amy Robertson said at some point between 3am and 4.30am, the woman had taken herself to bed without saying anything to Little or her friend.
He then told the friend he was going to go upstairs and said good night to her.
The friend sat downstairs for about 30 minutes as she waited for a taxi to take her home. She did not see Little again before leaving.
Ms Robertson said: “Around 9am the next morning the complainer woke up to see the accused lying on the bed next to her.
“She noted her bra had been unclipped at the back and her breasts were exposed.
“She also noted a body suit she was wearing was unclipped.”
Ms Robertson said the woman then “jumped out of bed” and told Little he needed to leave.
Fife funeral director confessed to attack via Messenger app
Two days later, Little sent the woman a Facebook message referring to the evening, and she responded saying she was confused about how he ended up staying at hers.
She probed further and Little replied: “You went up to your bed and I did come up to say bye to you, but lay down on the bed and gave you a cuddle. I feel stupid, I’m so sorry, I feel bad for it.”
In another message he told her: “I did feel your chest and feel so stupid now as should not have done it and I am sincerely sorry.”
The woman then contacted police, providing them with screenshots of the messages.
At the earlier hearing, defence counsel Janice Green said first offender Little, of Pentland Drive, Kennoway, had previously met the woman and had been given her phone number.
She said someone close to her encouraged Little to think there could be something romantic between them.
The lawyer made clear she was not suggesting the woman led him on but highlighted there is a basis for him – together with impaired judgement through drink – thinking she was interested in him.
Ms Green also said the woman had called him that night to pick up alcohol she had left in the cloakroom of a place they had been drinking.
She said: “They sat side-by-side and he thought she was interested in him.
“He was drinking more than normal.
“Looking back on reflection, he tells me he had personal difficulties and was struggling with them.”
Recklessness
Ms Green said her client was separated from the mother of his children at the time and was going through a divorce, as well as a bereavement.
The lawyer said Little’s conduct was “entirely out of character”.
She said he is involved in the community, including through charity work and supporting his local football team, adding: “He is deeply remorseful and I think the text messages show his remorse and regret.”
In sentencing on Monday, Sheriff Niven-Smith said Little had shown a “high degree of recklessness” in his conduct and that alcohol never provides any defence.
The sheriff said there were no physical injuries to the woman but stressed the assault took place in her own home.
He continued: “If someone is sexually assaulted at a swimming baths or leisure pool, they could refrain to go there to avoid bringing back traumatic memories of what happened to them.
“It’s far more difficult when the victim is sexually assaulted in their own home and bedroom, where no doubt they have to sleep each night before going to work”.
Sheriff Niven-Smith said Little had crossed the custody threshold but that a short prison sentence – maximum of 12 months at summary level – for someone who previously has no convictions and has been of good character and work ethic, although a significant punishment, would not address his offending behaviour.
He said social work had assessed Little as being at low risk of reoffending.
The sheriff sentenced Little to carry out 160 hours of unpaid work – reduced from 200 hours due to his early guilty plea – and placed him on supervision for a year.
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