A man who used a mirror to watch a female changing in a Leven swimming pool cubicle has been placed on the Sex Offenders Register for two years.
James Struthers (53), of James Grove, Kirkcaldy, was also sentenced to a Community Payback Order under supervision for two years, with a review to take place at the court on August 3.
You do realise that your behaviour that day was deplorableSheriff Grant McCulloch
Struthers, who appeared in the dock smartly dressed, had previously admitted that on February 19 this year, at Fife Sports and Leisure Trust, Leven Promenade, he observed a female during a private act, in that he used a mirror to observe her in a state of undress within a changing cubicle, all without her knowledge or consent.
The court heard that the case had been deferred for the production of a Criminal Justice social work report, which gave a full and comprehensive account of the offence.
A defence solicitor for Struthers said there was not much he could add to the information contained in the report.
He explained that his client had started receiving counselling and was determined to continue with it.
“He has difficulty with alcohol, but has abstained from it for over two weeks and is keeping in touch with his GP.”
The report had stated that Struthers was suitable to undertake a Community Payback Order, but not unpaid work as part of it, as he would have to abstain from taking alcohol for three months before doing this, said the solicitor.
“There are very high stakes here for him and he says he is very sorry for his behaviour,” he added.
Passing sentence on Struthers, Sheriff Grant McCulloch told him: “You do recognise that your behaviour that day was deplorable.
“It is not going to happen again, and to ensure it doesn’t, I am going to impose a Community Payback Order.”
Explaining the conditions of the order, the sheriff said he wanted him to do unpaid work “as a reminder of the inappropriate nature of your behaviour,” and recommended that he stay off alcohol before the date of his review in August to allow this to happen.
Sheriff McCulloch said that if, at that date, he was still deemed unsuitable because of alcohol misuse, he would “take a pretty dim view of your performance and that could lead to the order being breached and lead to a custodial sentence, which is what you want to avoid at all costs.”