Sex attacker avoids jail sentence

May 6 2010 by Alistair Watson, West Lothian Courier

A SEX attacker who carried out two three-in-a-bed indecent assaults on women with intent to rape them has escaped a jail sentence.

Robert Black from Whitburn molested both women after they stayed over at his home and shared a double bed with him and his then girlfriend, expecting to get a night’s sleep.

But Black (22) took advantage of the situation to sexually assault the teenagers.

A judge told him at the High Court in Edinburgh: “You helped yourself to two women’s sexuality in circumstances where they were entitled to privacy. These were appalling incidents.”

But Lady Smith said with “some considerable hesitation” she had come to the view that she could deal with the case by imposing a three-year probation order on Black.

She said it would give him the opportunity to address alcohol use and to get guidance from a community-based sex offender programme.

Lady Smith told Black: “I very much hope I don’t see you again.”

Defence solicitor advocate Brian Gilfedder said Black was a first offender and there had been nothing in his behaviour since “to suggest he is a concern to the public interest at large”.

He said although drink played a part there was no evidence to suggest that there was preplanning involved in the offences.

“On each occasion the girl agreed to go to bed with himself and his partner. On at least one occasion the accused offered to sleep on the floor but his girlfriend said ‘no we will all just get into bed together’,” he said.

Black was earlier found guilty of assaulting both women with intent to rape them at his home at Loch Trool Way, Whitburn. The first attack took place in September 2007 and the second in January the following year.

The first victim, then aged 18, asked to stay over at the house of Black and his girlfriend after falling out with her boyfriend. She said she was “drunk, happy and hyper” and went to bed in a miniskirt, tights and bra. She said she thought it would be okay as Black’s girlfriend was there.

Black’s girlfriend initially slept in the middle, but swapped places with him saying she felt hot . The victim dozed off, but woke to find her tights were down at her ankles and her skirt up around her waist.

The second victim, then 17, was assaulted after she was told she could stay over after a party. She said she was going to sleep on the sofa but Black asked her to sleep in the bed.

She said she was about to go to sleep when she felt him touch her breast and hip during the assault. She burst into tears and tugged Black’s girlfriend’s ankle to let her know what had happened.

Black later sent her a text on the same day saying: “I just don’t know what came over me. I want to curl up and die. I’m sorry.”