August 2017

DJ jailed for sex attacks on Down’s syndrome man and woman in Moray

A disc jockey who subjected a man and woman with Down’s syndrome to sex attacks in Moray has been jailed for five years.

Scott Sinclair, 41, who lived in Elgin at the time, but now living in Arbroath was convicted by a jury.

A judge rejected a defence plea to spare Sinclair a prison sentence and told him that custody was “inevitable”.

Lord Glennie said: “I cannot regard this as a case where you could have reasonably believed they were consenting to the sexual acts.”

Sinclair, who ran a DJ and karaoke business, had taken part in events organised for people with learning difficulties.

He earlier denied three sex charges during a trial at the High Court in Edinburgh.

Sinclair was placed on the sex offenders register indefinitely.

He had denied three sex charges during a trial at the High Court in Edinburgh, but was convicted of causing the woman, who was incapable of giving consent, to take part in sexual activity by getting her to take off her clothes and get into a bed.

He was found guilty of sexually assaulting the man, who was also incapable of giving consent, by kissing him, touching him and carrying out an oral sex attack on him.

Sinclair was also found guilty of sexually assaulting the woman by touching her private parts during the offending at an address in Moray in August 2014.

During a series of text messages with the man, who had his phone number stored under Djscot, Sinclair had asked him if he was having sex with the woman tonight.

The man had replied that he was not allowed to have sex but Sinclair asked him who had said that. He was told it was care support staff but responded: “Nowt to do with them.”

He questioned the man on whether he had drink and what type of alcohol was in his home and was told there was whisky, wine and cider. Sinclair told the man he would be at his home.

The jury were shown footage of the 36-year-old man earlier giving evidence at a different court in which he said Sinclair had been drinking wine.

The man said Sinclair told him to do things but he did not want to.

He said: “I didn’t want to do it but I did. He told me to do it.

During his evidence he said: “He told me not to tell anybody.”

He added: “Not acceptable what he did.”

He was asked what it was that Sinclair had done and replied: “Sexual assault.”

The man said Sinclair had asked the woman if she was ready “to do something”.

He said he wanted him to have sex with her but added: “I didn’t want to do it. I was scared.”

“I was talking to her but I didn’t do anything to her,” he said.

He said the woman was naked in the bed.

The jury was also shown footage of the woman being interviewed by a police officer while she held her mother’s hand.

She said: “I didn’t like Scott very much.”

“Scott said to me to take my clothes off. I didn’t want to do that,” she said.