A ‘predatory’ priest who repeatedly molested a sleeping train passenger has been jailed for 16 months at Kirkcaldy Sheriff Court.
Father Daniel Doherty, 61, from Falkirk, was the parish priest at St Francis Xavier Catholic Church in Falkirk.
He had earlier admitted three counts of sexual assault against the younger man.
His lawyer said he had drunk four bottles of wine with lunch before the train journey from York to Edinburgh with his companion.
Doherty, of Bruce Street, Falkirk, was also placed on the sex offenders register for a decade.
Sentencing, Sheriff Charles Lugton told Doherty it was a “course of conduct” with a “high level of premeditation involved”.
He said: “You believed the complainer to be asleep and unconscious at the time of the assaults and in a particularly vulnerable position.”
The sheriff said he had read a victim impact statement, which clearly showed the conduct “resulted in significant emotional harm to the complainer”.
“It affected many aspects of his life”, he said, adding only a custodial sentence would mark the seriousness of the conduct.
Train assaults
The court heard previously how Doherty was spotted by concerned passengers, fondling a man sitting next to him on the train.
Fiscal Depute Sarah Smith told the court in October: “The complainer had been drinking throughout the day and fell asleep on the train next to the accused, who was in the aisle seat.
”He was awakened by the accused placing his hand inside the waistband of his trousers and inside his boxer shorts.
“The accused grabbed his penis and was holding it.
”He did this around four times throughout the train journey.
”The complainer kept falling back asleep but after the last occasion made a conscious effort to stay awake.”
The priest continued his attacks, however, witnessed by passengers who got on the train at Newcastle.
“On sitting down, they observed the accused and the complainer sitting across from them and noticed the complainer was sleeping.
“Around 20 minutes later (one woman) saw the accused lean forward and start to kiss the complainer on the face and lips.
”The accused then began rubbing the complainer’s hand before holding his foot and rubbing it.
“He started grabbing the complainer’s genitals over his clothing.
“The behaviour continued and by this time she thought something was not right about this and was increasingly concerned.
“The accused continued his behaviour on and off over the next hour or so and did not appear to care that anyone could see his behaviour.”
The women moved carriage after alerting British Transport Police and train staff.
Doherty told the train manager: “We are just friends… I was affirming him.”
Although police met Doherty and his victim off the train, it was only later the man felt able to report the abuse, the court heard.
He also reported two further episodes in which the priest had abused him while asleep.
‘Moderate’ risk of sexual re-offending
Defence lawyer Gordon Martin said Doherty expressed regret and said his client has health issues and is carer for his 93-year-old mother since his brother passed away.
He said instead of seeking medical help or getting practical or spiritual advice, the priest turned to alcohol to self-medicate, although he has been abstinent since May and has also sought professional help in relation to depression.
The lawyer noted social work had assessed Doherty’s risk of sexual re-offending as moderate and his risk of general re-offending as low.
The lawyer said: “These are serious offences – they are, however, his first offences”.
Mr Martin said Doherty has “suffered embarrassment and shame” and “found himself alienated” from support systems of the church, noting it has helped as much as it can.
He added: “He is aware the shame will hang around him for the rest of his life and the suspension from pastor duties showed him what it’s like to be excluded from the community.”
Sentencing welcomed
Helen Nisbet, Procurator Fiscal for Tayside, Central and Fife, said: “Daniel Doherty committed these serious sexual offences while holding a position of trust within his community.
“His predatory behaviour was brought to light thanks to the courage of the victim coming forward and reporting it to the authorities.
“Doherty has now been held accountable and we hope this prosecution makes clear that COPFS takes allegations of sexual offending seriously.”
Police Scotland Detective Inspector William Harley added: “This was a hugely distressing experience for Doherty’s victim.
“He will now have to face the consequences of these despicable actions.
“Crimes such as this will not be tolerated and will always be thoroughly investigated by Police Scotland.”
Archdiocese apology
The Archdiocese of Edinburgh and St Andrews posted an apology after Doherty was convicted.
It read: “We wish to offer a profound apology to the person affected and we commend their courage in reporting it.
“When the allegations against Fr Doherty were brought to the attention of the Archdiocese, he voluntarily withdrew from active ministry, and remains so, in line with the Church’s published procedures.”
Doherty’s solicitor told the court there will be a hearing to deal with his future in the priesthood.
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