Andrew Lothian guilty of sex assault on teen boy

Haddington Sheriff Court

Haddington Sheriff Court

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A MAN has been found guilty of sexually assaulting a teenage boy while he slept at his home.

Andrew Lothian, 53, preyed on the 14-year-old while he was attending a sleep-over with a child in his care.

The teenager woke up to find Lothian, 53, touching him as he slept on a mattress next to his friend’s bed.

The victim immediately packed up his belongings and fled the house in tears in the middle of the night.

Following a three-day trial at Haddington Sheriff Court, Lothian was found guilty of assaulting the boy during the incident at an address in Port Seton, East Lothian, on December 9, 2012.

Sheriff Peter Braid said he believed Lothian’s evidence was largely “made up as he went along” and found him guilty of the assault. Lothian was placed on the sex offenders register for a term still to be decided.

The court had previously heard from Police Scotland forensic scientist Mandy Bath who said she found Lothian’s DNA on the outside and inside of the boy’s underwear.

Ms Bath, who said there was a one-in-a-billion chance that DNA profile was not Lothian’s, said: “On the information provided to us we would not expect to find a DNA profile matching Andrew Lothian’s on the underpants if there had been no sexual contact between them.”

The boy had gone to visit a boy in Lothian’s care. The boys were sleeping in the same room as Lothian despite a second bedroom lying empty.

Lothian, of Port Seton, East Lothian, claimed he woke around 1am to find the youngster putting his clothes on saying “he wanted to go home” for no apparent reason.

Lothian then claimed he let the boy leave his property and make his own way home despite not knowing where the boy lived or how far he had to travel.

But the court found the boy had been forced to leave the two-bedroom home after waking to find Lothian – who admitted he had drunk a half bottle of vodka that evening – touching him.

The 14-year-old’s mother, who cannot be named for legal reasons, told the court she found the boy “upset and quite agitated” when he got home and the lad soon burst into tears after admitting to her he had woken to find Lothian sexually assaulting him.

The police were contacted the following day and Lothian was subsequently interviewed and arrested.

Yesterday, Sheriff Braid said he found the boy’s evidence, which was given to a closed court, and that of the police forensic scientist Ms Bath, to be “credible and reliable” while Lothian’s version of events was dismissed as “unreliable”.

Sheriff Braid added: “I believe the complainer was assaulted by the accused as set out in the charge and there is corroboration in that DNA was found in the underwear, particularly on the inside.”

Lothian has been placed on the sex offenders register while sentence was deferred for reports.