Wednesday 20 July 2016

Ex-Lifeguard Sex Offender Strikes Again

A sex offender, who pounced on a drunken women just five days after receiving a deferred sentence, was jailed for three years and four months yesterday.

Jobless window fitter and former lifeguard Benjamin Mackay, 23, groped the sleeping 29 year-old between her legs, causing a tiny laceration.

Mackay, of Woodlands Close, Westhill, Inverness pleaded guilty to assault by penetration on April 18 at an address in Birling Road, Erith, south-east London.

Woolwich Crown Court heard he appeared before Inverness Sheriffs on April 13, where he admitted possessing indecent images of children, namely two videos and twelve photos.

Mackay is still subject to a three-year community payback order imposed on June 9, last year for asking two sisters, aged ten and thirteen years-old he met at Inverness Leisure Centre, to send him naked images of themselves.

Prosecutor Miss Julia Faure Walker told the court Mackay had travelled down to London to assist an elderly relative with some decorating, but decided to stay overnight at another house ten minutes away.

"Alcohol was consumed and the victim, who was staying at the house overnight, bought more alcohol and the defendant was also drinking.

"At around 11pm she fell asleep on the sofa and then remembers feeling someone's fingers in her vagina.

"It maybe lasted twenty seconds and she felt in danger."

Mackay offered her a cigarette then went outside for a smoke. "She recalls feeling quite disgusted.

"The defendant returned and started to stroke her legs as she lay on the sofa."

The next day the "emotionally fragile" victim reported Mackay to the police and when arrested he told officers: "No way, no way."

He has been in custody ever since.

The court heard the victim suffered a 0.5 millimetre laceration. "She is receiving counselling and says her trust in people has disappeared," added Miss Faure Walker.

In her victim impact statement she said of the period following the sexual assault. "Those days were the darkest days of my life.

"After the assault I tried to carry on as normal. I attempted to go to work, but couldn't get through the door and sat in my car, not knowing what to do.

"For a stage I went completely numb and considered quitting my job and packing up and running away and it took a long time before I felt any better."

Mackay's lawyer Mr. Sachin Rajput told the court: "He's pleaded guilty without wasting the court's time. This is an isolated, opportunistic incident.

"He's gone one step, maybe two steps too far. Her legs were on him and he did something he regrets."

Mackay has completed 140 hours of the 300 hours community service work he received for the offence involving the two young sisters.

On his internet dating profile the six foot-one defendant says he'd like to have children, despite currently needing permission to be in the company of underage youngsters.

Judge Nicholas Heathcote-Williams QC told Mackay: "This was committed five days after a sentence was deferred in Scotland to test if you were behaving well.

"You committed this offence by inserting your finger into her vagina. In doing so you caused her physical injury."


Mackay was also ordered to sign the sex offenders register indefinitely and was placed on the barring list preventing him working with children and vulnerable adults.

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