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Daily Record
Daily Record
National
Tara Fitzpatrick

Ayshire man who sexually assaulted ex while she slept appears in court

A man who took intimate pictures and a video of his ex-partner while she was sleeping has been placed on the sex offenders’ register.

James Brown sexually assaulted the woman while she was sleeping and took creepy pictures of the ordeal.

The 29-year-old pleaded guilty to sexual assault and taking the pictures and video when he appeared before Kilmarnock Sheriff Court this week.

The prosecutor told the court how Brown, of Lanehead Terrace New Cumnock, had been in a relationship with the woman which ended in November 2016.

He said: “After the relationship had ended the accused moved in with a family member.

“At the end of July 2018 the accused had left a USB stick within a game console which was discovered by the accused’s brother who looked at the content.

“On examining it he was concerned.”

The court heard how the USB contained a number of pictures and a video which “appeared to show the complainer when she was asleep in bed.”

The pictures, which were taken at an address in Kilmarnock, show the woman under the covers with two showing the woman’s private parts and five showing Brown’s performing a sexual act on the woman.

The fiscal depute described how Brown had a number of tattoos which helped to identify him in the pictures.

The woman was made aware of the files and confirmed that they had been taken without her consent.

A video, taken while the woman was visibly asleep, also shows Brown performing a sexual act on the woman.

The prosecutor said: “The accused was arrested and interviews and his position was that he accepted that he had taken the pictures and video when the complainer was asleep.

“The interview with the accused shows a lack of understanding in terms of what consent is.”

Brown was then cautioned and charged.

His defence agent told the court: “Taking pictures on a consensual basis was a part of the relationship and there appears to be a lack on understanding about consent.”

Brown’s lawyer told the court that his time serving in the armed forces had led to a number of health issues.

He was made subject to the sex offenders register and will be sentenced next month.

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