A paedophile found to have a video clip on a computer of a young girl being sexually abused after he had underage sex with a teenager he met on Facebook has been warned he faces jail.
Adam Fraser had consensual intercourse with the girl once just days before her 16th birthday despite being twice her age but when he ended the relationship he found himself at the centre of a police investigation that led to the discovery of almost 160 indecent images on a laptop and mobile phone.
Among them was a two-minute video depicting the abuse of a very young girl, categorised at the second-highest level for such material.
The 31-year-old, of Dens Road, Dundee, appeared for sentencing before Sheriff Gregor Murray at Arbroath on Tuesday, but the matter was delayed for another month after defence counsel Drew McKenzie raised concerns about the content of a criminal justice social work report.
Earlier this year, Fraser went on trial at Arbroath but after evidence was part-led he admitted an indictment alleging a charge of having unlawful intercourse with a girl under 16 at a house in Dundee on November 9 last year. He also pleaded guilty to having photos or pseudo photographs of children at a house in Dundee between July 2011 and May 2012.
In mitigation, Mr McKenzie told the court that at the time of the unlawful sex offence the girl was almost 16.
The court heard Fraser had approached her through a social media site and she travelled from Fife to Dundee, where she met the accused and went to his home.
“It is important to observe that if the events of November 9 had occurred on November 13, then it would not have been a crime,” said the defence counsel.
“Whilst I have to accept that the difference in age is of some substance, the accused was not in any position of trust with the complainer, was not in a family relationship and it is not suggested she had any form of vulnerability.”
Mr McKenzie criticised the social work report before the court of lacking in objectivity.
He urged the court to consider a non-custodial disposal, including participation in the Tay Project for sex offenders.
Sheriff Murray said he could not ignore evidence that it had been clear to Fraser when he first contacted the girl that she was 15.
The sheriff added: “It seems there are parts of the social work report that are wrong, parts that are wrongly phrased and parts that are quite simply irrelevant.
“I think he should understand that a custodial sentence will be at the forefront of any sheriff’s mind.”