A Fife man has been sentenced after admitting sending a picture of his penis and sexually explicit comments to someone he thought was a 13-year-old girl.
Alan Somerville, 45, believed he was communicating online to a girl called ‘Lexi Mae’ but was actually speaking to an adult pretending to be the child.
Last month, he pled guilty to attempting to cause an older child to view a sexual image and attempting to communicate indecently with them between August 5 and 9 last year from an address in Burntisland.
This week, he was placed on the Sex Offenders Register for three years and given a child contact ban, internet restrictions and a supervision order.
Mitigation
Solicitor David McLaughlin explained his client had recently had a stroke, his marriage had broken down and he has lost contact with his children.
The lawyer said first offender Somerville has a “sense of shame.”
“He takes full responsibility for this, he doesn’t seek to excuse his actions.
“The reality is he thought he was communicating with a certain person.
“As a first offender and someone who has never before been in custody, there are various alternatives.
“A community payback order is put forward as one possibility.”
‘Serious offences’
At Kirkcaldy Sheriff Court, Sheriff Steven Borthwick imposed a three-year community payback order.
Somerville will be supervised during this period and must complete the Moving Forward: Making Changes programme aimed at rehabilitating sex offenders.
During the course of his order, Somerville must only live in approved accommodation and must declare any friendships, associations or relationships to his social worker.
All contact with children under 16 during this time must be approved in advance.
Somerville must also make his internet-accessible devices available for inspection upon request and do nothing to hide or clear his online activity.
The sheriff said: “You’ve pled guilty to committing what are serious offences.
“The circumstances of that offending does give rise to concern.
“You may be a person who poses a risk to members of the public.
“These are serious matters which could result in a custodial sentence.
“You’ve admitted responsibility at the earliest opportunity – that’s to your credit.
“It’s clear that you are a man who has suffered health difficulties.
“On balance, I’m persuaded that it is not necessary to impose a custodial sentence at this stage.”
Offending
Prosecutor Joanne Ritchie previously told the court the female adult decoy was using the alias of a 13-year-old girl on a chat platform and opened a ‘hi’ message from a user called ‘Talktomeiambored’ – an account belonging to Somerville.
Within their first four messages the adult told Somerville she was 13.
He initially replied “that’s young” before engaging in conversation and making inappropriate remarks.
These included questions such as, “do you have a bf?” and “why not? You are a pretty girl”.
The comments turned more sinister and Somerville, now of Heather Court, Glenrothes discussed sexual activities in detail.
The fiscal depute said he went on to say: “I would like to see more than just your face.
“Take a selfie with your beautiful body in it.
“If you are ever up here just give me a shout”.
Ms Ritchie said Somerville sent an image of his penis and one showing a leg and boxer shorts.
Communication then ceased and the adult decoy, a volunteer for online child protection group ‘For the Kids,’ found where Somerville lived.
A group confronted him at his then-home on the evening of August 11 2022.
In the video, the married father describes how he is recovering from a recent kidney transplant.
Police were contacted and two officers arrived a short time later and were shown screenshots of the relevant message exchanges.
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