Cheater denies sex attack

A lawyer said his client should be “ashamed” after cheating on his partner, but insisted he was not guilty of sexually assaulting another man.

Defence lawyer Gordon Ritchie said Robert Stewart had been “inappropriate” by cheating on his boyfriend.

But he claimed Stewart, 46, had not sexually assaulted his alleged victim, and had engaged in sex acts with consent or “reasonable belief” it was with consent.

Stewart went on trial at Paisley Sheriff Court this week, accused of assaulting the man at a flat in Collier Street, Johnstone.

He said the man, who can’t be identified for legal reasons, was a willing participant in the sexual contact between them.

Yesterday, defence solicitor Gordon Ritchie asked the jury to acquit his client.

He said: “It doesn’t matter whether he was consenting or not — what matters is whether he had a reasonable belief that he was consenting.

“He behaved in a manner that was wholly inappropriate.

“He cheated on his partner and behaved in a way he should be ashamed of, and I’m sure you’ll all come to the view that he should be ashamed.

“But that’s not a crime. “You might feel disgusted by what he did, and that’s an emotion many of us will feel, but it’s not a crime and it’s not the crime before you.

“The only verdict you can reach is not guilty.”

J o a n n e G i l m o u r, prosecuting, asked the jury to convict Stewart, pointing out that he had told police “nothing happened” between them, but was now saying his alleged victim consented.

The trial, before Sheriff Seith Ireland, continues.