A scoutmaster who had a secret 10-month sexual relationship with a schoolgirl has evaded jail after a sheriff said there was no suggestion his teenage victim hadn’t “consented”.
Lewis Findlay, who led an “Explorers” troop in the Scouts, was 23 years old at the time. His victim was 15.
Falikirk Sheriff Court heard that the girl, who had known Findlay since she was 12, had initially thought his interest in her was “one of support”.
But in November 2018, at his home in Bo’ness, West Lothian, while his girlfriend was abroad and his mother was also away leaving them alone in the house together, the Scout leader made advances as they sat on his bed watching a film. He told her: “Just let it happen”.
Parked in laybys
Prosecutor Mrs Alex Kirk said the girl was hesitant and uncomfortable, but agreed to sex “as she didn’t want it to be awkward”.
The following month he had full sex with her again, this time in his car parked in a lonely layby, and the situation developed to the point where the girl thought they were “seeing each other” and they had sex “a couple of times a month” in Findlay’s car parked in laybys on back roads in Stirlingshire and West Lothian.
In early 2019, the girl confided in another adult about what had been going on, and he encouraged her to report the matter. After she refused, he reported the matter himself.
Findlay was suspended by the Scouting Association, but the girl denied everything when interviewed by police and social workers.
‘Realised how much older he was’
After a break of a couple of weeks the incidents resumed, but around the end of August Findlay started buying the girl lingerie and sending her pictures of it.
The court heard that on one occasion she dressed up in lingerie, which she had not wanted to do but when she said “no” Findlay asked her repeatedly and she eventually agreed.
Mrs Kirk, depute fiscal, said: “This incident made her realise how much older the accused was.”
She ended the relationship and blocked Findlay on Snapchat, but he continued to contact her using texts and Facebook Messenger, which “alarmed” her.
One “lengthy” message concluded with “a list of 50 things he stated he loved about her”.
Mrs Kirk said that by then the girl was “stressed and didn’t know what to do”.
Guilty to stalking
In November 2019, Scout leaders were “made aware” of the messaging, concluded that a sexual relationship was going on.
Police were again called in, and in February last year Findlay was charged.
Findlay, now 24, of Bo’ness, a worker for Amazon, pleaded guilty to stalking the girl and having unlawful sexual intercourse.
Advocate Niall McCluskey, defending, said Findlay had “craved” the girl.
He said: “He describes how he fell for the complainer, and he accepts he should not have acted on his attraction to her.
“He fully acknowledges that as the adult he ought to have know better, and regrets that he didn’t act appropriately when he realised he was developing cravings for her.”
He said Findlay was due to become a father in October, following “a longstanding relationship with his partner”.
He produced a reference from a youth leader, stating that since 2015 Findlay “had begun volunteering on major national projects” and was “steadfast and true”.
Mr McCluskey said: “I understand he was involved in a project called Heart and Soul, which involved the National Youth Assembly, linked to the Church of Scotland.”
An abuse of position
Sheriff Simon Collins QC sentenced Findlay to 300 hours of unpaid work, placed him under social work supervision and on the sex offenders’ register for three years, ordered him to take part in the Scottish Government’s “Moving Forward, Making Changes” programme for sex offenders if directed, and banned him from having any unsupervised contact with children under 16.
He said the offences had been “an abuse” of Findlay “position of relative seniority” in the Scout Association.
He said: “Although unlawful because of your respective ages it is not suggested the complainer did not consent to the sexual activity.
“I have seriously considered whether the public interest requires that you be given a prison sentence.
“With some hesitation, I am satisfied that it does not, and that there is a proper community-based alternative.”
Findlay, who had arrived at court with a bag packed for jail, refused to comment as he walked free from the building.
Scouts’ response
A spokesman for the Scouts said: “The Scout Association is aware of recent court proceedings involving Lewis Findlay.
“The Scout Safeguarding Team worked in conjunction with statutory agencies to share relevant information and Findlay was suspended from his role with the Movement in December 2019 when concerns about his behaviour came to light.”
He added: “We can confirm that he will never volunteer with us again.
“The safety of all our members is our number one priority. It is at the heart of our decision-making. We carry out stringent vetting of all adults who work with young people and work together with statutory agencies and other parties to share relevant information to ensure the safeguarding of young people in Scouting.”