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A man who repeatedly kissed a woman outside an Oban pub as she tried to push him away has been ordered to pay £400 compensation to his victim.
The incident that landed 32-year-old Wojciech Modzelewski from 62 Mill Drive, Aberdeen, on the sex offender’s list and in court was ’embarrassing’ and ‘shameful’ Oban Sheriff Court has heard.
Defence solicitor Kevin McGinness said Modzelewski was a person of previous good character and his actions that night had been out of character because of alcohol.
Mr McGinness told the court it had been ‘a very embarrassing, shameful abberation’ for his client who works as a drainage engineer and who had been ‘heavily intoxicated’ that night on November 25 last year.
Modzelewski’s sentence was deferred for reports and he was put on the sex offenders’ register for six months in March after admitting the sexual assault.
The court at that time was told how Modzelewski was drunk but not unpleasant when he first approached the woman and her friend in a pub.
At some point when they were speaking he had kissed the woman’s hand which was not something she took issue with.
Later the woman went outside for a smoke and Modzelewski followed her for a cigarette and was seen trying to engage her in conversation. It was noticed the woman looked uncomfortable.
When Modzelewski and the woman were left alone smoking in the street they were effectively doing it separately but he approached her and kissed her on the cheek more than once and asked a number of times if he could kiss her. She tried to push away from him but he had his arm around her stopping her from moving away. He used his free hand to touch her breasts. She told him to stop. This was seen by her friend who went out and said ‘that’s enough’ which Modzelewski took as a cue and walked away, leaving the pub.
It was while police officers were in the pub dealing with a different matter that the woman spoke to them about what happened, leading to Modzelewski being traced and interviewed.
Sentencing him, Sheriff Patrick Hughes said: ‘It was distressing and humiliating for the complainer’ and told Modzelewski ‘people simply can’t be treated in this way’.
In addition to being put on the sex offender’s register for six months and the fine, Modzelewski was put under supervision of the social work department for six months.
Mr McGinness had told the court Modzelewski was not at risk of re-offending.