SEX BEAST’S JAIL THREAT
McConaghie told he will face a long prison term
A callous beast who took advantage of a vulnerable woman with a low IQ by sexually assaulting her has been warned he faces a lengthy prison sentence.
Kevin McConaghie ( 58) was cleared of raping his 61- year- old victim but convicted of the lesser charge of sexual assault by penetration.
The High Court at Livingston was told that the woman had an IQ of just 44 compared to the population average of between 90 and 110.
Advocate depute Jane Farquharson said that as a result of the sexual assault she had been moved into supported accommodation because it was “not appropriate for her to be left alone”.
She told the court : “She’s supported at all times in her day to day life. Since this incident she has been diagnosed with post traumatic stress disorder ( PTSD) and has been treated accordingly for this.”
Ms Farquharson admitted that the case had taken two years and two months to come to court despite the fact that McConaghie’s victim had reported the sex attack
to the police on September 3, 2014, the day it happened.
Although the accused was interviewed the day after the incident, he was released without charge “due to it being deemed there was insufficient evidence”.
She said: “There was a delay because forensic evidence had not been instructed, but once results were obtained investigations continued, and in July 2015 the case was reported to Crown Office by the police.
“It was transferred to the national sexual crimes unit for specialist counsel to review, and in August 2015 procedure by way of a pre petition precognition was launched.
“We were finally able to instruct that the accused be put on petition on 13 October, 2016 once other work had been done and he appeared in court on November 3, 2016.”
She revealed that McConaghie, of Avon Drive, Linlithgow Bridge, had a previous conviction for a sexually aggravated breach of the peace.
He was placed on probation for that offence on 29 November, 2005 but subsequently admitted breaching the order twice.
During the trial, the jury heard pre-recorded evidence from the victim.
She told how he came to her home in West Lothian and put his foot in the door. She said McConaghie took hold of her arms and made her lie on the floor before assaulting her.
McConaghie, who was remanded in custody on October 5 last year after failing to appear at an earlier hearing, had pleaded not guilty to raping the woman in her home on September 3, 2014.
Calling for background reports before sentence, Judge Lord Arthurson told the accused: “You have been convicted by the jury of an extremely serious crime, one of the alternatives that was available to the jury, the sexual assault by penetration of a vulnerable female in her own home, and I’ve just been given the consequences of your conduct by the advocate depute.
“I note your conviction in 2005 and you should be under no illusions in your mind that you will in all likelihood be receiving a significant custodial disposal.”
The judge ordered that Scottish Ministers be notified of the conviction under protection of vulnerable groups legislation and that McConaghie’s name be added to the sex offenders’ register.
Sentence will be passed on February 15 at the High Court in Glasgow.
I note your conviction in 2005 and you should be under no illusions that you will in all likelihood be receiving a significant custodial disposal Judge Lord Arthurson