An Arbroath man convicted of sexually assaulting a 14-year-old girl and sending her an explicit image has been put on the sex offenders register for three years.
David Penman, 29, repeatedly kissed his victim on the mouth and attempted to insert his tongue in her mouth at an address in Kirkcaldy in February 2022.
He also hugged her and touched and stroked her leg and arm over her clothing.
Penman, of Queen Street, also coerced the teenager into looking at a sexual image and communicated indecently with her.
He sent her messages of a sexual nature, asked her to send him a naked photo of herself and sent her a photo of his naked penis, all without her consent and without a reasonable belief she was consenting.
Penman had denied the offending but was found guilty after trial and appeared at Kirkcaldy Sheriff Court last week for sentencing
Defence lawyer Nicholas Whelan said his client, who works in a pub, maintains his innocence.
Sentencing
Sheriff Charles Lugton said: “It was quite clear to me during the course of the trial, and having considered a letter received this morning, this had a profound impact on the complainer and her family.
“Looking at the terms of the social work report, you have not shown great insight or remorse.
“I have no doubt this case passes the threshold for custody.
“Having said that, this is your first offence of this kind but more importantly than that, the social worker takes the view there is scope for work in the community, perhaps to reduce the risk you pose to young woman and children.”
The sheriff said he would impose a community order as a direct alternative to custody.
Penman was given the maximum possible 300 hours of unpaid work and placed on offender supervision for three years.
He must also participate in the Moving Forward: Making Changes sex offender rehabilitation programme and adhere to various conduct requirements, including a ban on direct or indirect contact with any under-18s without prior approval of his supervising officer.
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