A man who sexually assaulted a woman while she was on a night out with friends in Peterhead has avoided a prison sentence.
Tomas Bartnykas, 40, attacked the woman in Viva’s Bar and Nightclub in 2022 while she stood waiting to be served.
At Peterhead Sheriff Court last month, it took a jury less than two hours to find him guilty of reaching his hand underneath her dress and penetrating her with his fingers.
He was told this week that, as a direct alternative to spending time behind bars, he will now be made to carry out hundreds of hours of unpaid work within the community.
‘I never ever said you could touch me’
Bartnykas, of Clerkhill Place, did not give any evidence during his trial, but his victim fought back tears as she described what happened in the early hours of May 1.
Watching back CCTV footage of herself dancing with a man in the club, she recalled the moment she felt Bartnykas’ hand reach under her clothing.
She said: “I just froze.
“I was trying to push them off me. It just all happened really fast after that.”
She would go on to tell the court it was only after speaking to friends and family she realised the seriousness of the issue. She eventually gave a statement to police constables on May 11.
She said: “At first I didn’t want to. It’s a very stressful thing to go through.
“If something else happened to someone else, I would never forgive myself. My friends encouraged me to come forward.”
Under cross-examination by Bartnykas’ defence agent, Iain Jane, she also denied suggestions that the incident was consensual.
“There was never anything that would suggest that was okay for him to do,” she said.
“I never ever said you could touch me.”
Direct alternative to jail time
Bartnykas had been warned in March that custody was an option in the case.
Sheriff Craig Findlater, before dismissing him for background reports, said: “You should understand, and as no doubt Mr Jane has discussed with you previously, all sentencing powers are available to the court.”
Recalling the case yesterday, however, the sheriff stopped short of sending Bartnykas down.
Instead, he instructed him to complete 300 hours of unpaid work within the next year.
He will also be under the supervision of the social work department for 24 months, and be subject to the notification requirements for the same period.