A wheelchair-bound war veteran has been jailed for eight months after a jury found him guilty of sexually assaulting a sleeping woman. Alistair Fisher, 63, of Poppy Court, Scone, was convicted at Perth Sheriff Court of lowering the woman's clothing and penetrating her vagina while she was asleep and incapable of consent during 2022.
Fisher, who had denied the offence, had initially lodged a special defence of consent but withdrew it before it could be considered by jurors. The victim told the court she had woken up to find Fisher looming over her and touching her inappropriately on a number of occasions between August and November.
Sheriff's remarks on breach of trust
Sheriff William Wood said: "It has to be said that throughout her evidence the complainer was at pains to stress what a good man you were. That no doubt reflected the way your friendship began and developed and the considerable support you offered to her at a time of significant need."
"But I also need to take into account that the trust she gave you in terms of her protection under your roof was somewhat betrayed by your behaviour and the sexual offences committed against her. You continued to deny these matters took place but the complainer, in her evidence, told the bigger truth about it and the jury accepted that."
Background and sentencing
The sheriff noted that Fisher had been supported by veterans organisations since leaving the military and would lose his specialist accommodation as a result of the conviction. Fisher, who appeared via video link from Perth Prison, had a previous conviction which led to him being jailed in 1995.
Sheriff Wood placed Fisher on the sex offenders register for ten years and ordered him to stay away from his victim for the same period. Solicitor David Holmes, defending, told the court: "He has medical problems. Much relates to the period of active service and injuries sustained during that."
"The complainer and the accused met each other at a stage where they both had vulnerabilities. She described him as her friend and that makes it all the more tragic. He has lost a great deal because of this. He has not behaved in the manner he would have wished."
