September 2016

Jail for Fife man who sexually abused two schoolgirls

A Glenrothes man who sexually abused two young girls, one of them aged just 11, has been jailed for four years.

Francis Mackay (40) had avoided being brought to justice after being reported to police in 2007 by his first victim and five years later he began to sexually abuse another girl.

Mackay, of Adrian Road, was convicted after a trial at Dunfermline Sheriff Court in June.

He was already on a community payback order for watching indecent images of children.

The court heard that the sexual abuse had been reported to police by one of the victims in 2007 but she had heard no more about it.

The first charge was that on an occasion between January 2006 and January 2007, at an address in Glenrothes, he used lewd, indecent and libidinous practices and behaviour towards a girl then aged 14 or 15 by placing his hand underneath her clothing and touching her.

The jury found him guilty of that charge by a majority verdict . He had also denied that on occasions between August 2012 and August 2013, at an address in Glenrothes, he sexually assaulted a girl then aged 11.

He entered a bedroom where she was sleeping, pulled her towards him, pulled down her lower clothing, put his hands inside her upper clothing, seized her hand and placed it inside his underwear.

On this charge, Mackay was convicted by a unanimous verdict. The first victim told the court she had not initially told anyone what had happened because she was scared.

However, she later told a friend who in turn told a family member and the police were informed. A statement was taken by police in September 2007 when the victim was 15.

Depute fiscal Claire Bremner had asked her: “What happened after your statement was noted by the police?” She replied: “Nothing. I never heard anything more about it.”

Sheriff Charles Macnair told Mackay that he had caused his first victim very considerable distress.

He added: “Part of that was because she could not understand why nothing was done about it for a number of years. Referring to the assault on the second girl, the sheriff said the effect of the abuse on her was very serious and it was clear it had a major impact on her.

He added: “You went to trial and forced both to give evidence.” Sheriff Macnair imposed jail terms of 18 months and 30 months to run consecutively.

He also said he considered Mackay to pose a high risk of further offending. For the protection of the public, the sheriff made Mackay subject to a one-year extended sentence following his release.

He was made subject to a sex offences prevention order for 15 years, restricting his contact with children.

Mackay was also put on the sex offenders register for an indefinite period.