A predator Dundee delivery driver who “roamed the streets” for drunk female victims has been given an extended jail term.
Ben Johnston was convicted of sexually assaulting two females with the intention of raping them by jurors at Dundee Sheriff Court.
Johnston sat at an unofficial taxi rank with the word taxi etched into dirt on his car when he gave a drunk woman a lift home before abusing her.
Police who came to discuss the incident found him in possession of a sex toy.
Months later, he abused a schoolgirl after driving her around Dundee.
He will now spend four years in jail and the rest of his life on the sex offenders register.
Predator
Johnston’s first victim was a complete stranger who had been on a night out on payday.
She stumbled upon his car parked at a popular pick-up and drop-off point near Dundee bus station with the word “taxi” written into the dirt on it.
She got in the car and he drove her home before asking her to perform a sex act on him.
The woman refused but Johnston grabbed her hair and pulled her head towards his crotch.
The court heard the woman’s partner didn’t believe what happened, their relationship broke down and she lost her job.
A sheriff explained the woman has since suffered suicidal thoughts and is fearful to leave her own home.
When police came to discuss the incident with Johnston, they found him to be in possession of a vibrator.
Seven months later, Johnston struck again.
Johnston’s second victim was just 15 and under the influence of alcohol when the now 38-year-old picked her up and drove her around Dundee before abusing her.
Guilty
Last month, jurors convicted Johnston of both sexual assaults.
By a majority verdict, jurors convicted Johnston of attacking the first woman on December 3 or 4 2022 at the vicinity of Seagate bus station, East Port roundabout and elsewhere in a car journey.
Johnston asked the woman to perform a sex act, touched her head, seized her hair, and touched her indecently inside her clothing with the intent to rape her.
Between July 3 or 4 2023, he sexually assaulted the teenage girl with the intent of raping her on Reform Street, Panmure Street, Clatto Park, the Tay Bridge south car park and elsewhere.
He was also convicted of possessing cocaine at his home address on Strathmartine Road on December 12 2022.
“Errors of judgement”
Johnston continues to deny the offences.
Solicitor David Duncan said: “His position is per the evidence that he gave.
“It is accepted that these offences cross the custody threshold. I’m not seeking to persuade your lordship otherwise.
“That is a position Mr Johnston readily acknowledges.
“Although Mr Johnston has some record, it’s not particularly relevant to these offences.
“There is some information available to suggest that Mr Johnston may have cognitive difficulties and certainly mental health issues.
“Whilst he does not accept behaving in the manner libelled, he still readily accepts that he made errors of judgement.
“These offences do merit custody but there are certain factors that mean my lord does not have to maximise that period.”
“Deviant” jailed
Sheriff Tim Niven-Smith imposed an extended sentence of six years on Johnston and placed him on the sex offenders register indefinitely.
The sentence will be composed of four years in custody and two years extended in the community.
The sheriff said: “While you submitted to the author of the report you have notions you have a learning difficulty or ADHD, there is no formal diagnosis.
“I do take cognisance of the fact you have Tourette’s and dyspraxia. There is no evidence this limits your understanding of right and wrong.
“You were using cocaine. You have now stopped using all drugs.
“I proceed on the basis that is… just because I withdrew your bail and you are now in custody.
“I consider that custody is inevitable.
“When the police attended at your home in relation to charge one, you were found during daytime in possession of a sex toy – a vibrator – along with your car keys.
“That to me suggests you are someone who is wholly preoccupied with sexual thoughts and that is a deviant.
“Whether I’m in error of that may be of little moment.”
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