By
Nick Enoch
15:06 EST, 27 April 2012
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15:06 EST, 27 April 2012
A 28-year-old man who had a threesome with a schoolgirl and a schoolboy yesterday blamed the 15-year-old girl for seducing him.
He left his girlfriend at home and picked up the girl in his car while she was walking the streets at night after storming out of her friend’s home following a row.
The man – who was on High Court bail for drug dealing at the time – claimed the girl then lured him and the 14-year-old boy with him into a sexual tryst with her.
Giving evidence during a proof in mitigation at Perth Sheriff Court, the girl denied seducing the older male and said they had sex because she was afraid
But giving evidence during a proof in mitigation at Perth Sheriff Court, the girl denied seducing the older male and said they had sex because she was afraid.
The man, from, Perth, Scotland, admitted having unlawful sex with the 15-year-old girl in a car at Necessity Brae, Perth, on October 23, 2010.
He was on High Court bail at the time and was subsequently convicted of dealing cannabis.
He also admitted indecently assaulting the girl by carrying out sex acts on her and making her perform sex acts on a 14-year-old boy at the same time.
Solicitor David Holmes, defending, said: ‘Although she was under age and barely 15 at the time, it is the position of the accused that the incident started because of the actions of the complainer.
‘The reason it took place was that the complainer initiated the sexual event in a very flagrant manner.
‘It is mitigation if something unexpectedly happens in a moment of passion leading to an opportunity.
‘It was an encounter which was opportunistic and initiated by the 15-year-old. That is the accused’s position. It is an unusual set of circumstances.
‘Here there is a significant age difference. He should be able, as an adult, to say to a young person that it must not happen,’ Mr Holmes told the court.
‘The conduct was so overtly sexual on the part of the complainer that it goes to a certain extent to explain the contact between them.’
But fiscal depute Charmaine Cole, for the Crown, said: ‘She is adamant she did not instigate the sexual contact.’
Miss Cole said that because the girl was under 16, she could not legally give consent.
The girl, who cannot be named for legal reasons, told the court she knew the 28-year-old and had been walking the streets in her pyjamas after falling out with her friend.
The man, who was in a car with the boy, picked her up and drove her round Perth for some time before pulling into a car park at insurance firm Aviva’s offices.
She said he and the boy, whom she also knew, both climbed into the back seat with her and carried out a series of sex acts upon her.
Under cross-examination, she denied that she had led them both on.
The proof in mitigation continues and the man will be sentenced at a later date.
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