A pervert who carried out a sex act in his car in front of passing students has dodged being placed on the Sex Offenders Register because of a loophole.
Benjamin Valentine was parked in the same place in St Andrews on a number of occasions and was clearly seen to be masturbating as female students walked past.
Because the students were over the age of 18 at the time, he was not made subject to registration requirements – if they had been 17 he would have been added to the Register.
Sheriff Paul Brown said: “This is not a matter for which [sex offender] notification requirements apply.
“It is excluded from it, given the age of the complainers.
“It is specifically excluded in terms of the (Sexual Offences 2003) Act.”
He placed Valentine, 27, under social work supervision for a year at Dundee Sheriff Court and ordered him to carry out 180 hours unpaid work.
Wet wipes, kitchen roll and tissues
The court previously heard how creepy Valentine parked in the same spot on a busy street three days in a row and was seen repeatedly carrying out the sex act in his car.
He caught and held the gaze of a shocked female student at 2am on April 2.
The same young students saw him carrying out the same act a couple of nights later.
His car was seen in the same place outside St Andrews Brewing Company in South Street on a number of occasions as Valentine claimed he was waiting to pick up a work colleague.
Fiscal depute Erika Watson told the court one of the students took a photo of Valentine’s number plate and called the police.
Officers found him in the car with a supply of wet wipes, kitchen roll and tissues.
When Valentine was quizzed about what he had been seen doing, he replied: “I don’t really know why.”
Solicitor Larry Flynn, defending, said Valentine – who admitted public indecency – worked as a groundsman in a nearby caravan park.
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