Man avoids one as­sault charge to be con­victed of another

Man’s at­tack on woman, 22

Rutherglen Reformer - - News - Court Re­porter

A Cam­bus­lang man has been cleared of jump­ing through a bed­room win­dow and sex­u­ally as­sault­ing a woman.

The 22-year-old fe­male told a jury she “freaked out” when Ryan John­stone woke her in the mid­dle of the night.

How­ever, the charge was dropped by the Crown mid­way through John­stone’s trial at Hamil­ton Sher­iff Court.

The jury did, how­ever, find him guilty of as­sault­ing the same woman four weeks pre­vi­ously when he grabbed her head and pushed it to­wards his gen­i­tals.

An al­le­ga­tion that he did so with in­tent to rape her was deleted.

John­stone, 43, of Mor­ven Road, was also cleared of spit­ting in the woman’s face and will be sen­tenced on April 23.

The court heard John­stone’s friend was in a sex­ual re­la­tion­ship with the woman at the time of the in­ci­dents.

The woman told the court she was sleep­ing in her flat when awak­ened by some­one at the win­dow about 1am on Au­gust 23, 2016.

She thought it might be a fe­male friend who had got into the habit of knock­ing her win­dow when she vis­ited.

She told the jury: “I re­alised it was a man who was bang­ing on the win­dow. I put on my house­coat and stag­gered to the win­dow to see who it was. I turned the han­dle and the win­dow flew open and I fell back.

“That man (John­stone) came fly­ing in. He was steam­ing and fell on the floor. I’d only ever met him once be­fore.

“I fell on the bed. He was ag­gres­sive and got up and tried to grab hold of my house­coat. I was freak­ing out, shout­ing and scream­ing.

“He was try­ing to rip off my house­coat. He shouted ‘ What ’ s un­derneath, coun­try girl?’

“He was on top of me, lick­ing and spit­ting. I man­aged to kick him off. Then he started strip­ping.

“I phoned my neigh­bour and Ryan started dress­ing when she ar­rived.

“I was go­ing men­tal. Ryan started to leave then he turned, pinned me against the wall and spat in my face.

“He was dis­gust­ing. I kept push­ing him and got him out of my front door.

“Then I went back to the win­dow and had a fag while I was talk­ing to my pal.

“My buzzer went and it was [her boyfriend].

“I let him in and Ryan was with him.

“I told [him] what Ryan had done then we started ar­gu­ing. They were call­ing me a pros­ti­tute.”

The woman claimed the only other time she had met John­stone was four weeks pre­vi­ously.

She said he ex­posed him­self and grabbed her.

De­scrib­ing his be­hav­iour as “vile”, the woman added: “I jumped up and whacked him in the face. I thought it was dis­gust­ing. I was rag­ing that he thought it was all right to do that.”

The jur y found John­stone guilty of grab­bing the woman’s head and push­ing it down to­wards his pe­nis.

Ad­vo­cate Jan­ice Green, rep­re­sent­ing John­stone, was be­mused the woman’s do­mes­tic ar­range­ments seemed to in­volve vis­i­tors go­ing to the bed­room win­dow and “chap­ping her up”.

Ms Green put it to the wit­ness: “You had been ex­pect­ing [ your boyfriend] to come to your flat. You knew he was in the com­pany of Ryan John­stone.

“Ryan buzzed your door and you said you could not find your keys and told him to go to the win­dow.”

The woman said that wasn’t the case.

The jury heard that DNA found on the woman’s cheek and house­coat af­ter the al­leged bed­room as­sault was not the ac­cused’s.

Sci­en­tists were also un­able to es­tab­lish that DNA on a t- shirt said to have been worn by John­stone was his.

Trial Hamil­ton Sher­iff Court

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