June 2016

Scotts View sex offender avoids prison

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AN Earlston man who had intercourse with a 14-year-old girl in his car at a beauty spot has avoided a prison sentence

Kieran Austin, 22, pleaded guilty on indictment to having under age sex with the girl at Scott’s View in April, 2014.

But a not guilty plea to having under age sex with the girl’s 13-year-old friend at his home at Fansloanend, was accepted by the Crown.

Jedburgh Sheriff Court was told that Austin, who lost his job in the family coach business after being charged, was 19-years-old at the time of the offence.

Procurator fiscal Graham Fraser said Austin befriended the two schoolgirls and they would be driven in his car to Edinburgh to visit fast food outlets.

He explained: “Both girls spent most of the Easter holidays travelling around in his car before dropping them off home.

“On the day of the offence they met up with the accused on a Thursday evening and they travelled around in his car.

“The other friend went home at 9pm leaving the accused with the girl.

“They went to Scott’s View when it would be dark and they began to kiss.

“They then had consensual sex after she removed her clothing and he lay on top of her.”

Mr Fraser said Austin urged the girl not to tell anyone as he knew what age she was and she was very co-operative with him.

The court heard however that the girl did tell her friend they had unprotected sex and there was a risk of a sexually transmitted disease involved.

As a result the girl went to a clinic ‘and it came out what had happened and the accused was traced’.

Austin’s lawyer said: “It his his position that he was aware that she was younger than him and was aware she was at school but did not bother to find out what age she was. He fully accepts she was 14.”

She added there was no suggestion of force or persuasion and the sex had been entirely consensual with the girl.

Sheriff Peter Paterson said it was a serious matter but said Austin had taken responsibility for his offending.

He imposed a community pay back order with 30 months supervision and told him to carry out 200 hours unpaid work.

Austin was also placed on the Sex Offender’s Register for 30 months.

May 2016

Earlston man admits sex with 14-year-old 

AN Earlston man who had intercourse with a 14-year-old girl in his car at a Borders beauty spot has been placed on the Sex Offender’s Register.

Kieran Austin pleaded guilty on indictment to having under age sex with the girl at Scott’s View in April, 2014.

But a not guilty plea to having under age sex with the girl’s 13-year-old friend at his home at Fansloanend was accepted by the Crown.

Jedburgh Sheriff Court was told that 21-year-old Austin, who is employed in the family’s coach hire business, was 19 years old at the time of the offence.

Procurator fiscal Graham Fraser said Austin befriended the two schoolgirls and they would be driven in his car to Edinburgh to visit fast food outlets.

He explained: “Both girls spent most of the Easter holidays travelling around in his car before dropping them off home.

“On the day of the offence they met up with the accused on a Thursday evening and they travelled around in his car.

“The other friend went home at 9pm leaving the accused with the girl.

“They went to Scott’s View when it would be dark and they began to kiss.

“They then had consensual sex after she removed her clothing and he lay on top of her.”

Mr Fraser said Austin urged the girl not to tell anyone as he knew what age she was and she was very co-operative with him.

The court heard however that the girl did tell her friend they had unprotected sex and there was a risk of a sexually transmitted disease.

As a result the girl went to a clinic “and it came out what had happened and the accused was traced”.

Mr Fraser went on: “He now accepts he had sex with her. He did make no comment to the police at the time.”

Defence lawyer Greg McDonnel accepted background reports were inevitable and said he would await sentencing before addressing the sheriff.

Sheriff Peter Paterson deferred sentence until June 13 for the production of a Criminal Justice Social Work Report and a Reistrction of Liberty Assessment.

He also said Austin would be subject to notification for the Sex Offender’s Register – the length of which will be determined on June 13.