PENSIONER AVOIDS JAIL AFTER SEXUAL ASSAULT CONVICTION
pensioner who sexually assaulted a woman in a violent attack at his home has avoided a jail term and been placed on the sex offenders register.Alan Martin pushed the victim onto a sofa and pinned her down before seizing her by the neck during the shocking incident on June 12, 2022.
Martin, 74, then sexually assaulted the woman by placing his hand inside her lower clothing, attempting to remove her underwear and touching her.
The OAP denied the allegations but was found guilty by a jury following a trial at Edinburgh Sheriff Court last month.
The jury also found Martin guilty of a second offence of making sexual advances towards the same woman causing her to barricade herself in a bathroom at his home in Wallyford, East Lothian.
He repeatedly lashed out at the toilet door and demanded entry before chasing the terrified woman from the flat while in possession of a broken door handle, all on December 18, 2021.
He returned to the dock for sentencing where his lawyer James Stewart said his client continues to deny responsibility for the sex attack claiming the woman had consented.
Sheriff Wendy Sheehan said she could impose a direct alternative to custody due to Martin’s limited record, his age and the social work report stating he does not pose “a significant risk of reoffending”.
Sheriff Sheehan said: “I have considered this case carefully having heard all of the evidence at the trial diet.
“The social worker has indicated there are issues in terms of your behaviour when alcohol has been consumed and in the past you have had a more significant issue with alcohol than you currently do.
“Also there are issues of your understanding on consent and the impact this may have had on the complainer.” Martin was sentenced to a community payback order with a three year supervision order element.
He will also be electronically tagged and have to stay within his home address between 7pm and 7am for the next nine months.
The sheriff placed the pensioner on the sex offenders for three years and issued a non-harassment order banning him from having any contact with the victim for the same length of time.
