Man who carried out ‘sustained and pre-planned’ sexual assault is jailed for almost three years

A 28-year-old Lerwick man who carried out a sustained and pre-planned sexual assault has been jailed for almost three years.

Adam James Burnett has also been placed on the sex offenders register indefinitely after his sentencing at Lerwick Sheriff Court on Wednesday.

Sheriff Ian Cruickshank said said it was a “sustained and worrying sexual assault involving digital penetration”.

“There was also an element of restraint, which prevented the complainer from leaving the room in which the assault was perpetrated,” he added.

Sheriff Cruickshank acknowledged Burnett’s actions had been “disinhibited by alcohol” but added that he believed there had been an “element of pre-planning”.

Given the nature of the offence, and Burnett’s previous analogous conviction, Sheriff Cruickshank said he had no alternative but to jail him.

The court previously heard Burnett, of Robertson Crescent, sexually assaulted his victim on a sofa in front of her friends after a night out in town in November 2022.

He messaged a friend before 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.

The complainer kept telling him “no” and had to fight him off with all her strength.

Defence agent Tommy Allan said it was a “difficult plea of mitigation” to make as a solicitor.

He acknowledged a young woman had been been subjected to an invasion of her body “in the most personal way” and accepted that would have caused a “great deal of distress”.

Mr Allan also repeatedly stressed that his client did not wish to apportion blame on the victim of anyone else

“To be absolutely clear, none of this is the victim’s fault,” he said.

However, Mr Allan said it was his job to highlight the situation from the accused’s perspective and to provide some context.

Mr Allan said Burnett did not go to the address with the intention of committing sexual assault.

He said his client was attracted to the victim and “wanted to be with her”.

The solicitor said carrying out the assault would have prevented any chance of a relationship, even if the likelihood of that happening existed only in his own mind.

Mr Allan also said it “made no sense” for him to try to assault the victim on a sofa while her friends were in the room

He said Burnett had “misread the cues” and “failed to consider his victim”.

Highlighting reports produced for the court, Mr Allan said they showed his client understood he had “crossed a line” and was “deeply remorseful”.

Mr Allan said alcohol had been a common feature in his client’s offending and, recognising the problems it had caused, had stopped drinking.

In addition to his 35 months imprisonment, Burnett will be also have a supervised release order for 12 months.

The order means Burnett would be sent back to jail if he reoffends during that period.