An Aberdeen medical student who molested a woman at a party has failed to persuade appeal judges that he was wrongfully convicted of sexual assault.
A court had heard arguments earlier this month about how David Little, 24, fell victim to a miscarriage of justice during proceedings at Aberdeen Sheriff Court last year.
Little, who studies at Aberdeen University, was found guilty following a trial at the city’s sheriff court last year of sexually touching and repeatedly trying to kiss a fellow undergraduate in November 2021 at a flat.
He was also convicted of groping the same woman during a taxi journey through Aberdeen.
Earlier this month, defence advocate Neil Shand told judges Lord Beckett, Lord Matthews and Lord Armstrong that evidence available in the case showed that Little was wrongfully convicted.
Mr Shand argued that the evidence showed that Little had done nothing wrong in his dealings with the complainer in the case. The court heard that Little maintained he had reasonable belief that the complainer was giving her consent to his actions.
Mr Shand said: “He maintains the behaviour was consensual.”
Appeal dismissed
However, in a written judgement issued by the court on Tuesday, Lord Beckett writes of how and his colleagues had concluded that Little’s conviction was sound.
In the judgement, Lord Beckett – who is Scotland’s second most senior judge – wrote that there is was no evidence to show that Little had tried to obtain consent for his actions – Lord Beckett wrote this was a necessary step to show that he hadn’t done anything wrong.
He wrote: “There is no evidence that the appellant took any such steps. At best for him, it might be that he assumed there was consent on the basis of his account that the complainer was indicating enthusiasm for his advances, was reciprocating and consenting.
“The difficulty with that is that the jury rejected his evidence that the complainer consented. They accepted her evidence that she did not consent.”
At proceedings last June, Mr Shand told the sheriff court hearing that Little – who was fourth in his year – had been unable to graduate since the allegations against him were made to police.
The charge on which Little was convicted states that between November 26 and November 27 2021 at a flat in Aberdeen and during a taxi ride he sexually assaulted the woman.
He was found guilty at trial of grabbing the woman and pulling at her clothing while repeatedly trying to kiss her.
Conviction ended medical career dreams
The jury also found the medical student guilty of repeatedly trying to hug the woman and kiss her neck.
The court heard how Little’s victim had to sit through a Harry Potter movie following the assault.
Little was found not proven on a charge of more serious sexual offences on the same woman.
A not guilty verdict was returned on a drugs charge.
Little was given 100 hours unpaid work and was told he’d be supervised by the authorities for 12 months. He was also placed on the Sex Offenders Register.
At his client’s sentencing hearing, Mr Shand claimed Little “will be required to live with this conviction forever”. Mr Shand also said that the conviction could stop Little from pursuing a career in medicine.
‘The appeal is refused’
He added that a conviction and his client’s subsequent placement on the sex offenders register would have a “detrimental effect” on his “career aspirations”.
Sentencing Little, Sheriff Morag McLaughlin told Little that it was clear that his conviction was “going to have a significant impact on your future”.
She added: “The offence that you were found guilty of, while serious, was not as serious as what you were initially charged with – but it will continue to have a massive impact on you.”
Sheriff McLaughlin made Little, of Forest Avenue, Aberdeen, subject to a community payback order.
On Thursday, it emerged that Little still remains convicted.
Lord Beckett wrote: “The appeal is refused.”