A drunk man who sexually assaulted a 13-year-old girl who was filming a TikTok video in a shopping centre has narrowly avoided a prison sentence.
Martin Forgie, 35, appeared in the dock at Aberdeen Sheriff Court where he admitted being intoxicated at the St Nicholas Centre when he was approached by two teenage girls who started chatting with him.
The girls then began to record a video of themselves for the social media app TikTok, with Forgie in the background.
However, this time when they approached him, Forgie touched one girl’s leg and made a move towards her groin area before touching her buttocks.
He then attacked a member of the public who tried to intervene
Sentencing Forgie, Sheriff Lesley Johnston implored him to seek help for his alcohol addiction.
Touched teenage girl’s buttocks
Fiscal depute Andrew McMann told Aberdeen Sheriff Court at a previous hearing that the incident happened around 3pm on October 8 2022.
He said the girls spotted Forgie sitting down with his eyes closed.
Initially he “appeared unconscious” but the youngsters realised he was “intoxicated”.
They approached to check if he was okay and started chatting with him.
Mr McMann said: “The two children decided to film a TikTok video of themselves in which the accused was in the background.
“Following that, they sat next to him.
“He then placed his hand on the complainer’s knee and began sliding it up slowly towards her inner thigh.
“She quickly moved away and, as she did so, he tried again to touch the inside of her leg before touching her buttocks.”
The girl “panicked” and fled with her friend before later reporting the matter to the police.
Man who stepped up was assaulted
In the meantime, a man, who hadn’t seen the sexual assault but was aware of Forgie’s “erratic behaviour”, approached him in a bid to “deescalate the situation”.
Mr McMann told the court: “Without warning, the accused repeatedly began kicking him to the head and body.”
The man was left with bruising but did not require medical attention.
Security staff then intervened and detained Forgie until the police arrived.
Forgie, of Newton Drive, Macduff, pled guilty to sexual assault and assault to injury.
Defence agent Graham Morrison told the court that his client “clearly had absolutely no recollection” of the incident due to his level of intoxication on the day in question.
He said Forgie was now seeking assistance from an alcohol treatment centre near Edinburgh and wanted to turn his life around.
‘I’m giving you a big chance here’
Sheriff Johnston told Forgie: “Both these complainers were unknown to you, and the complainer in charge one was a young girl who was simply trying to check you were okay.
“You proceeded to act in the manner libelled but you have no recollection of the incident due to your alcohol intake – but I have no doubt that this was disturbing for the complainer.”
The sheriff told Forgie that the court would be “well within its rights” to impose a prison sentence but added that it would not ultimately address Forgie’s main problem, his alcohol problem.
“I’m giving you a big chance here – you must address your alcohol addiction,” she said.
As an alternative to a prison sentence, Sheriff Johnston made Forgie subject to a community payback order with supervision for three years and ordered him to take part in a domestic abuse programme.
She also made him subject to the sex offenders register for three years.
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