A Fife creep who sexually abused and secretly filmed a young girl has been spared jail.
Matthew Finlayson, 33, was found guilty after trial of sexually assaulting the child on various occasions at an address in Kirkcaldy during a period spanning more than two years.
It involved touching her on the body and placing his hand in her lower clothing and touching her private parts.
Court papers state the girl was just 10 when her ordeal began.
Voyeurism using mobile phone
Giving evidence by video link, the youngster told the trial about a time when Finlayson touched her private parts on a sofa.
She said there were other times when he put his hand between her thighs.
During the trial at Kirkcaldy Sheriff Court, Finlayson pleaded guilty to a charge of voyeurism.
On various occasions over a nine-month period he set up a mobile phone in a bathroom and recorded the child in a state of undress and while she used the facilities.
He was rumbled when his then wife checked his phone and found indecent videos on it, the trial heard.
Finlayson also admitted “taking or making” and possessing indecent photographs and videos of children over the same period.
Claimed to be asleep
Finlayson, of Invertiel Terrace, Kirkcaldy, returned to the dock this week for sentencing.
Defence lawyer Lee Qumsieh said Finlayson was a first offender and argued for a non-custodial sentence, highlighting a social work report which suggested a “robust community-based disposal”.
The solicitor also said there had been a “significant deletion” from the sexual assault charge which his client was convicted of.
This involved deletions of the penetration and injury aspects from the original charge.
The court heard that Finlayson’s defence was that he was asleep at the time.
Jail warning
Sheriff James Williamson told Finlayson: “This was a despicable crime”.
The sheriff told Finlayson that had it been a “penetrative offence” he “would be going to jail” but stressed this was not and – though in his view it does not lessen the nature of it – it has an impact on sentencing.
Sheriff Williamson ordered Finlayson to carry out 300 hours of unpaid work – the maximum possible – as part of a three-year community payback order.
The court heard he must undertake the Moving Forward to Change programme to address sexual offending.
He will also be subject to certain conditions, including not knowingly being in the company of anyone under 16 without social work approval and only using devices which can store internet history.
Finlayson was also put on the sex offenders register for three years.
The sheriff added: “If you breach the order, there will be no second opportunity and you will go to custody for the best part of three years”.
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