Man avoids conviction on sex assault charges

A Cowie man who drunkenly grabbed four young girls in a public park escaped being convicted as a sex offender at Stirling Sheriff Court this week.

David Hennessey’s defence solicitor argued that he’d thought it was “funny” to grapple with the girls, aged 12 and 13, and kiss two of them on the forehead while he was intoxicated.

But Sheriff William Gilchrist said his behaviour was “grossly inappropriate” and he could have been placed on the Sex Offenders Register if it was believed there had been a sexual element to the attacks.

Hennessey, 26, pleaded guilty to five charges, all committed on September 20 at a public park in Burns Terrace, Cowie.

They included threatening and abusive behaviour by urinating, making indecent gestures of a sexual nature, removing an article of clothing, and following four girls as they left the park.

And he admitted four charges of assault - two on girls of 13 by placing his arm around their necks, pulling their heads towards him and kissing them on the forehead.

He also pleaded guilty to putting his arms around another 13-year-old girl, seizing her by the body and pulling her close to him.

And finally, he admitted seizing a 12-year-old girl around the body, pulling her close and refusing to let her go.

Defence solicitor Virgil Crawford said: “What we have here is a very drunk man who was acting stupidly, bizarrely, foolishly - but in my submission not sexually.

“It’s quite clear from the evidence of the girls that at the time the accused believed what he was doing was funny.

“And they were concerned about the state of his drunkenness.”

Sheriff William Gilchrist said: “It’s quite clear that what the court has to consider with what was undoubtedly an assault and totally inappropriate behaviour is whether it involved a sexual element. Whether a reasonable person would in all the circumstances consider it to be sexual. There’s no doubt the accused was heavily intoxicated.

“The four complainers were alarmed. It was grossly inappropriate on his part.

“He believed what he was doing was a joke. There was no sexual conversation and no touching of private parts.

“I can’t be satisfied beyond reasonable doubt that it involved a sexual element.”

After lengthy legal discussion, Sheriff Gilchrist agreed to convict Hennessey of four assaults - rather than sexual assault - as well as threatening and abusive behaviour.

All were committed while Hennessey, of Easterton Drive, Cowie, was on bail for other offences.

He added: “In view of the nature of these charges - and they are serious charges - I’ll obtain a criminal justice social work report and you will be remanded in custody.”

The case was adjourned until November 30, when Hennessey will be sentenced.