Man awoke to find another man sexually assaulting him

A shocked Fife man woke up on a sofa at a house party to find he was being sexually assaulted by another male.

James Finlay, 21, of Young Terrace, Cowdenbeath, was fully aware that the man was not gay and later told police he knew “he wouldn’t be happy” about it.

Finlay had denied that on May 2 at an address in Walker Street, Cowdenbeath, he sexually assaulted a man who was asleep.

However, he was found guilty after a trial at Dunfermline Sheriff Court.

The victim said he had been out drinking in Cowdenbeath that day and ended up at a house party, falling asleep on the sofa.

He awoke to find Finlay touching his private parts, sitting next to him on the sofa.

The victim said that when he woke up to find out what was happening he was shocked.

Finlay said he had held the man’s penis for up to 30 seconds and he believed it was a consensual act.

Asked by officers how he thought the victim would feel, he answered: “He wouldn’t be happy as he isn’t gay.”

He was asked by police: “Do you think he was coming on to you?”

He replied: “No because he’s not gay.”

In the police interview, Finlay said the victim had told him “no” when he realised what was happening.

“I know he did tell me to stop and I did,” he told officers.

However, Finlay said in court this was not the case, that he “wasn’t thinking straight” during the police interview and was confused.

Sheriff Craig McSherry found Finlay guilty and called for reports. Finlay was placed on the sex offenders register and will be sentenced on October 19.