A predator assaulted a frail pensioner with a sex toy, then blamed his “misjudged” actions on the confusion caused by a sodium deficiency.
Creepy James Donald McBoyle cornered his former Tarves neighbour, a then-76-year-old stroke survivor, in her own home on the pretence of visiting to fix her boiler.
Then he inflicted a frightening sex attack on the helpless woman after removing a vibrator and bottle of sexual lubricant from a plastic bag he carried into her property.
McBoyle’s vulnerable victim, who suffers from anxiety, had the device forced upon her as the sick sex offender told her that she liked it.
The disturbed 73-year-old married father pled guilty to sexual assault and later returned to Aberdeen Sheriff Court on Thursday to learn his punishment.
His defence agent Michael Burnett said, at the time of the traumatic ordeal, his sex pest client was undergoing tests for a possible diagnosis of dementia.
However, he revealed that, although McBoyle was not found to be living with the condition, he was diagnosed with having a low level of sodium in his blood – a symptom of which is confusion.
“I’m not suggesting at all there’s any sort of medical defence here, but I do say it’s relevant in terms of his decision-making,” Mr Burnett claimed.
The lawyer described his client’s offence as “bizarre” and went on to explain there was no use of force or violence, adding that McBoyle “very badly misjudged the situation”.
Mr Burnett added that McBoyle “did not go to the complainer’s house that day with the intention of committing a sexual assault” – despite arriving with a plastic bag containing a vibrator and lube.
McBoyle told terrified victim ‘this is lovely’ as she tried pushing him away
Sheriff James Hastie said he took into account the “psychological impact” on the victim, but also that the offence was “out of character” and McBoyle was a first-time offender.
He said he was “persuaded by the recommendation in the social work report” and imposed two years of supervision and a requirement to complete the Aberdeen Sex Offenders programme.
He also placed McBoyle on the sex offenders register for two years.
Following McBoyle’s disgraceful offending, he moved out of his family home in the Aberdeenshire village to live at Hanover Court in Inverurie.
At an earlier hearing, fiscal depute Anne McDonald read aloud a detailed narrative of the horrifying events that unfolded on July 26 last year.
She revealed that when the woman tried to push McBoyle away and told him she didn’t like it, he replied: “Oh yes you do. This is lovely.”
A Crown motion for forfeiture of the sex toy was previously granted.
Daughter reveals ‘heartbreaking’ impact on her traumatised mum
Reacting to the sentence, the victim’s daughter told The Press and Journal that her mother felt disappointed.
“She’s understandably very upset about the outcome of this court case,” the 55-year-old woman said, adding: “She feels he hasn’t even got a slap on the wrist. He doesn’t even have to complete unpaid work.”
The daughter added: “This sentence has given no thought to how my mum feels and how her life has been turned upside down.”
The P&J was also told by the concerned relative of her anger at McBoyle’s defence.
“McBoyle has tried to use the excuse of having dementia, which a doctor didn’t find, and now his bad behaviour is supposedly down to having low sodium.
“I think it’s all a ruse to minimise his responsibility and reduce the punishment.
“His horrible behaviour has had huge implications for my mother. She’s scared and no longer enjoying day-to-day life. It’s a heartbreaking situation.”
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