Man had sex with boy (14)
A married man had consensual sex with a 14-year-old boy in the grounds of a disused Perth hospital building after the teen posted details of himself on a chatline.
The youth, who can’t be named for legal reasons, stated on his profile that he was 18 but he was emphatic, when interviewed by police, that he had told 32-year-old Douglas James Sinclair, of Burnside Way, Blackford, his true age.
The incident, which took place in the former Gilgal Ward at Murray Royal Hospital, came to light when the third year pupil had been excluded from school after he was found with a small quantity of cannabis.
His mum had asked how he got it and he admitted it had come from “an older male” with whom he had engaged in sexual activity, Perth Sheriff Court was told.
It emerged the teen had been using the chat room and had posted a recent photograph of himself but claimed to be 18.
Sinclair admitted having sex with the young boy between August 24, 2015, and January 24, 2016, and also inducing the teen to perform oral sex on him.
He was remanded in custody while background reports are prepared and will be sentenced on February 14.
Depute fiscal Charmaine Gilmartin said the matter was reported to the police by the boy’s mother.
It emerged that there had been “other prosecutions” involving the same complainer.
There had been a conversation between the accused and the teenager and they had agreed to meet at the abandoned property in the hospital grounds “for the purpose of sexual intercourse.”
It was arranged he would bring something to lie on and had taken a curtain with him.
That was later recovered by police and proved “crucial” to the prosecution, obtaining forensic evidence of what had taken place.
“The accused was traced and he denied ever having met with the complainer, but the DNA evidence proved otherwise,” stated Ms Gilmartin.
He later pled guilty to the charge, which meant the boy didn’t have to come to court to give evidence.
Solicitor Pauline Cullerton asked that her client be freed while the background reports are prepared.
But Sheriff Gillian Wade told him: “Given the nature and the circumstances of this offence, and taking into account your record, which is extensive but not analogous, you will be remanded in custody.”
Sinclair’s name was added to the Sex Offenders’ Register and he will be told next month how long it will stay there. Twenty-one-year-old Kelvin Campbell, of Struan Road, was traced a few minutes later in St Andrew Street and he showed his displeasure at being caught by shouting and swearing at officers.
He then threatened to “kill” them and also rape their families.
Computer checks revealed that he was a disqualified driver and had no insurance.
He provided a positive breath test but when taken to Perth police headquarters he refused to take part in any further procedures.
The pair, who were remanded in custody over the festive period, were again refused bail when they appeared at Perth Sheriff Court.
They will discover their fate on February 21 after background reports have been prepared.
Along with a third accused, Paul Mitchell (22), also of Rannoch Road, they had initially denied being involved to varying degrees in a total of 15 charges, including taking away the BMW from Hay Street, Coupar Angus, on December 23, driving while disqualified and making violent threats to police.
Mitchell maintained his not guilty plea on Tuesday to the only charge Sinclair Douglas Perth Sheriff Court was told that the victim, 33-year-old Alan Witherow, wasn’t known to his attacker.
He was repeatedly punched and hit on the head by 22-year-old Perth man James Sinclair following a drinking session in a house in South Street, Perth, on October 18, 2016.
The other man was also repeatedly kicked on the head and hit on the head with a glass bottle, to his severe injury.
An allegation that the assault had resulted in “impairment” to Mr Witherow was deleted.
Sinclair, formerly of Cluny Terrace and now Drummond Crescent, was subject to a September 1, 2016, bail order from the Perth court at the time.
A not guilty plea was accepted from him to a second charge of assaulting the same person in Mill Street, Perth, on October 18 by punching him on the head, knocking him to the ground and repeatedly kicking him on the head, to his severe injury and impairment.
The court heard that the victim and his attacker were first introduced at a mutual friend’s house in Perth around 11pm.
“All was fine” at that point and a short time later they all went to the flat in South Street. As they walked there, the complainer and Sinclair started to
“He was unable to open his right eye due to the swelling and there was also evidence of a nose bleed,” stated Ms Gilmartin.
A CT scan also highlighted two fractures to his eye socket.
Solicitor Paul Ralph said that his client is at present subject to a Community Payback Order but has a full-time job.
Sheriff Gillian Wade said that because of the nature of the offence – and the fact he is carrying out unpaid work – she would remand him in custody until February 14 while background reports are prepared.
The accused denied having ever met the complainer but DNA evidence proved otherwise