Man sexually assaulted woman in front of her friends

A 28-year-old Lerwick man sexually assaulted a woman on a sofa in front of her friends, a court heard.

Adam James Burnett admitted assault, sexual penetration and sexual assault when he appeared before Lerwick Sheriff Court today (Tuesday).

The court heard Burnett, of Robertson Crescent, messaged a friend on the night of the attack to say he would be having sex with the complainer “and she doesn’t even know it”.

During the course of his assault, he forced his hand under clothing, repeatedly attempted to kiss her, forced her hand on to his naked penis, attempted to force his penis inside her clothing and sexually penetrated her vagina with his fingers.

Burnett and the complainer were both out in town with different groups of friends when they ended up in the same nightclub in November 2022.

Procurator fiscal Duncan MacKenzie said that during the course of the evening, the accused told the complainer’s friend “he wanted her” but did not elaborate further.

Just before 3am, the complainer left the club with her two friends and  they were driven to an address in the North Mainland.

Around half an hour later, the court heard how Burnett messaged the friend who lived at the address to say he was coming over.

They were all sat on a sofa in the living room listening to music and using their phones, with the accused beside the complainer.

Mr MacKenzie said the complainer went to the bathroom only for the accused to message her asking her to return.

The text said he was the “pussy boy” tonight.

The complainer replied: “No, I don’t think so.”

The messages continued, the court heard, and at one point the complainer said she would be sleeping in the bathroom.

When she did return to the sofa, she pulled a blanket over herself.

The court heard the accused also slipped beneath the blanket and tried to unbutton her jeans.

Mr MacKenzie said the complainer tried to stop him and pushed his hand away.

He tried to force his hand insider her jeans, the court heard, but was prevented from doing so because her trousers were too tight.

Despite her obvious efforts to stop him, the court heard how the accused persisted.

The fiscal said Burnett eventually succeeded in undoing her buttons, before pulling her jeans down.

He then “digitally penetrated her vagina”, the court heard.

At the time, the complainer’s friends were still in the living room, and she tried to make them aware of what was happening.

She was staring and giving them a “help me look”, the court heard.

But the friends were unaware of what was happening beneath the blanket, other than that the complainer had gone quiet and seemed “dazed”.

The friends left the living room, leaving the accused and complainer alone.

At this point, the court heard Burnett got up from the sofa and kneeled in front of the complainer, attempting repeatedly to kiss her.

She kept telling him “no” and pushed him off, the court heard.

One of the friends returned to the room and, sensing something was wrong, suggested the complainer go downstairs.

But the accused wrapped his legs around her preventing her from leaving, the fiscal said.

She was not strong enough to break his grip, the court heard.

They were alone again.

Mr MacKenzie said Burnett got on top of the complainer and tried to kiss her once more.

The court heard he then removed his jeans and boxer shorts, before trying to force the complainer to touch his penis.

He then took hold of her wrist and placed her hand on his flaccid penis, the fiscal said.

She was trying to pull her hand away, the court heard, but again was not strong enough.

The accused released his grip only to take hold of his penis and try to force it down the back of her jeans.

He then got on top of her and tried to pull her jeans down, while she tried to pull them back up.

She was able to resist his attempts – but Mr MacKenzie said it took “all her strength to do so”.

The complainer told Burnett to go to sleep and then covered herself with a blanket while she waited for him to drift off.

When he did fall asleep, the complainer went into another room.

Once away from him, the court heard she messaged another friend and told her what happened.

The next morning, she was collected by that friend and noticed she had a message from the accused saying he was “full of fear” and felt “bad [as fuck]”.

Mr MacKenzie said the complainer was initially shocked and reluctant to go to the police.

It took until March 2023, for her to make the report.

Mr MacKenzie said Burnett had a similar previous conviction, and this latest offence seemed to be a “significant escalation” in that type of behaviour.

He said the incident was not opportunistic and there seemed to be a “degree of premeditation about it”.

Defence agent Tommy Allan asked for his client to be released on bail, saying he recognised the seriousness of the offence.

Mr Allan said the offence happened a while ago and had “hung over” his client for a “considerable period of time”.

He said Burnett had attended court whenever asked to do so and was under no misapprehension that bail would be an indication of his eventual sentence.

Sheriff Ian Cruickshank adjourned the hearing for the preparation of reports ahead of sentencing.

But he warned Burnett this should in “no way give any suggestion” as the sentence he was likely to face when he returns to court.

He told Burnett he must comply with sex offence notification requirements in the meantime.