A Man who couldn’t stand trial due to health problems raped a little girl by compelling a young boy to have sex with her, a judge has concluded.
Alan McDonald,64, forced a 12-year-old boy to have sex with a seven-year-old girl on an occasion between August 2006 and March 2009.
The High Court in Edinburgh heard how McDonald showed his female victim, pornographic films and performed sex acts in front of her.
McDonald, originally of Kirkcaldy, also had sex with the boy, and subjected him to physical abuse.
He also compelled the boy to his kiss his female victim and made threats against him.
The story emerged on Wednesday following a hearing at the High Court which was called an examination of facts.
In May 2018, a judge ruled that McDonald, now a prisoner of HMP Edinburgh, was unable to stand trial.
The court heard that on occasion that McDonald’s mental health issues meant he would be unable to understand proceedings.
This prompted an examination of the facts in which a judge rules on whether the accused person committed the crimes that they are accused of.
Judge Craig Scott QC heard evidence that McDonald targeted the two children at locations in Kirkcaldy between November 2005 and 2009.
The court heard how McDonald forced his male victim to have sex with the girl.
The court also heard evidence about how McDonald also had sex with the boy. He also physically abused the boy.
On Wednesday, judge Scott concluded there was enough evidence available to prove that McDonald had committed the crimes of which he had been accused of.
The judge ruled that McDonald’s act of compelling the boy to have sex with the girl meant that a jury could have found him guilty of rape.
The judge also ruled that a jury could have convicted McDonald on other offences which alleged sexual assault.
Judge Scott added: “There is sufficient evidence to support the averments made in the indictment.
“I am satisfied that the accused committed the acts laid out in the indictment.
“I’m also satisfied that there are no grounds which would lead the accused to be acquitted.”