A police officer who entered a sleeping woman’s home uninvited and stared into her bedroom has been convicted of acting in a threatening or abusive manner – but the crime won’t go on his record.
Sergeant Iain Fraser was handed an absolute discharge after being found guilty after a trial at Peterhead Sheriff Court.
The officer had denied two charges of threatening and abusive behaviour relating to alleged incidents at a property in Pitmedden in 2022.
The 44-year-old policeman was found to have entered the woman’s home uninvited on May 25 and acted in a manner that would have caused her to suffer “fear or alarm”.
The charge states he behaved in a threatening or abusive manner by going to her bedroom while she was asleep, staring inside and loitering outside.
The second charge, alleging that he behaved in a threatening or abusive manner, related to two further incidents between May 1 and May 31, 2022.
Absolute discharges rarely given out
Fraser was alleged to have gone to the same woman’s property uninvited and refused to leave. He was found not guilty of this charge.
Sheriff Craig Findlater, who heard the case and found Fraser guilty of one charge, chose to hand the officer a rare absolute discharge.
According to the Scottish Sentencing Council, absolute discharges are only given out in “exceptional” circumstances.
A sheriff or judge must determine that the “nature of the offence and the character of the offender” means “that it is inexpedient to inflict punishment”.
Asked whether the sentence would be appealed, a spokeswoman for the Crown Office and Procurator Fiscal Service said: “Sentence is quite rightly the domain of the independent judiciary.
“However, the prosecutor has a duty to consider whether the sentence is unduly lenient.
“As with all cases, the Crown will consider the sentence and give consideration to whether it might be unduly lenient.”
Fraser, who is still on active duty as a police sergeant, wrote about the dangers of inappropriate behaviour on Christmas nights out in 2022 – just months after the incident took place.
On being ‘That Guy’ (a Police Scotland campaign) he said: “Trust your instincts. If something feels wrong or uncomfortable, it probably is, so trust your instincts and get out of the situation as quickly as you can.
“Police Scotland’s campaign urges men to take responsibility for their actions and language, to help tackle sexual crime against women.”
Fraser also warned of the dangers of drinking too much and “remembering nights out for the wrong reasons”.
A Police Scotland spokeswoman said: “We acknowledge the outcome at Peterhead Sheriff Court and the matter will now be referred to the Deputy Chief Constable for consideration of misconduct proceedings.”