Falkirk man admits to rape of teenager

Sean Shearer had been due to be tried by a jury at the High Court in Livingston for three alleged rapes but pled guilty on the morning of his trial to a single offence.

He is now facing a prison sentence after he admitted committing the sex crime on three separate occasions between July 1, 2014 and January 31, 2015 at an address in Falkirk.

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Shearer, who lives with his mother in Falkirk, pled guilty to raping the sleeping woman while she was “incapable of giving or withholding consent”.

The court was told he had one previous conviction for assaulting the same woman, who is now 21 years-old.

Advocate depute Owen Mullin said the first incident occurred around July 2014 while the woman slept.

He said after the third incident: “She didn’t say anything to the accused. She told a friend who told her this was not right and said she could stay at her house.

“The friend advised the complainer to contact the police she said she didn’t want to. The matter was reported in November 2016.”

He said Shearer had been detained by police.

Margaret Breslin, defence counsel, said: “The guilty plea was tendered by Mr Shearer on the basis that he could not recollect doing this on the three occasions mentioned by the Advocate Depute but he is now at the stage where he accepts that he must have.

Miss Breslin urged the court to continue Shearer’s bail until sentence so he could be interviewed by social workers in a home setting.

She said: “The court has been provided with two reports, a forensic psychological assessment plus a letter from Graeme High School in Falkirk in relation to the particular difficulties Mr Shearer experienced in relation to his diagnosis with Asperger’s syndrome.

“There are particular difficulties in communication for him. In my submission it’s always better for a criminal justice social work report to be prepared while an accused is in his own home and against the home background.

“It’s particularly true for Mr Shearer because of the particular difficulties he has in his communication skills.”

She said Shearer had been in employment as a crew member with McDonald’s for over two years and used the money that he earned to assist with the upkeep of two children.

Judge Lord Woolman adjourned the case for sentence to Glasgow High Court in March for the purpose of obtaining a community justice social work report.

He said: “You have pled guilty to a serious offence. I only narrowly allow bail to continue but I do so because it seems to me it is better in the whole circumstances that the report take place while you are in your mother’s home.

“Because of the nature of the offence you are now liable to be placed on the sex offenders’ register. In addition, the clerk of court will notify Scottish Ministers that you are convicted of this offence under protection of vulnerable groups legislation.”