A Perthshire man who sexually assaulted a 20-year-old woman after a drink-and-drug-fuelled night out has been jailed for more than two years.
Adam Smith admitted to following the woman on South Street and Leonard Street after a night out at Loft nightclub on August 30, 2019.
He repeatedly stood in front of her and obstructed her, before repeatedly asking her to kiss him.
The 34-year-old restrained the woman, who cannot be named for legal reasons, and pulled at her clothing.
Eventually, he knocked her to the ground and seized her mobile phone.
While he pinned her to the ground, he tried to pull off her trousers.
Her screams alerted nearby residents who rushed to her aid.
Smith, of Kinclaven Gardens in Murthly, admitted he acted with the intention of raping the woman.
Not interested
Depute fiscal Michael Sweeney previously told Perth Sheriff Court the woman, who knew Smith, had had a drink with him in The Loft nightclub.
He then he offered to walk her home.
Mr Sweeney said the woman made it clear she was engaged and not interested in him.
Other witnesses described seeing her push him away in the street.
He said: “She ended up on the ground.
“While she was on the ground, the accused tried to pull her jeans down.
“She started screaming and shouting, ‘no’.
“Witnesses were in their home when they heard this.
“They put on shoes and ran down two flights of stairs.
“The accused was kneeling over her as she was in a foetal position.
“His right knee was over her, pinning her down and he was pulling at her clothes.”
The people who came out of the flat had to physically restrain Smith.
Mr Sweeney said police were called and found the woman in a “hysterical and distressed” state.
No mental disorder
Smith’s sentencing at Perth Sheriff Court had been deferred for psychiatric reports.
His defence solicitor David Holmes explained that previously, Smith’s “bouts of depression” had prevented him from leaving his home or bedroom but his condition was improving.
“He is not deemed to have a mental disorder at this stage,” Mr Holmes said.
Mr Holmes explained Smith had consumed alcohol and cocaine, “albeit not very much (cocaine).”
He said as part of the investigation, first offender Smith’s bloodstream had been checked for other chemicals.
Mr Holmes added his client suggested the combination of booze and drugs mixing with prescription medication was “the only explanation he can give for his conduct.”
“He has a supportive family.
“He knows what’s available in terms of treatment.
“This offence will make it very difficult for him to gain employment in the commercial world.”
Conspiracy
Sheriff Gillian Wade was particularly concerned by the “significant degree of victim blaming” in his most recent report.
She said: “This was something you have not really taken responsibility for.
“I realise you have had your own problems.
“You have now caused problems for a girl who was 20 years old at the time of this offence.”
Sheriff Wade said she had examined Smith’s reports in great detail, in which he alluded to a family “conspiracy.”
“Seeking to blame her or her mother for some sort of conspiracy did you no credit,” she added.
The sheriff jailed Smith for 27 months and placed him on the Sex Offenders Register for a decade.
