A mum who encouraged a group of children to carry out sexual dares in her home acted in an “unplanned and opportunistic” way rather than a “predatory” one.
Kirstyann Kavanagh bought cider and wine for the Buckie youngsters and then instructed some of them to kiss and touch each other sexually.
Her solicitor told the court it was “unclear why she committed these crimes” as the 23-year-old was sentenced to supervision, unpaid work and a period of time on the sex offender’s register.
Elgin Sheriff Court was previously told how Kavanagh at one point said that any children not willing to play truth or dare must leave and she demanded they hand over their mobile phones to stop them from filming the game.
Fiscal depute Sharon Ralph said the children, all aged between 13 and 15, were invited to Kavanagh’s then home in Carnie Place, Buckie, on October 9 2021.
She said it was the first day of the school holidays and the boys and girls were socialising in the town when they clubbed together £30 to buy alcohol.
One girl then contacted Kavanagh over Snapchat and asked if she could purchase it for them.
Bought children cider and wine then dared them to kiss and touch
Kavanagh agreed and purchased a crate of Strongbow dark fruit-flavoured cider and two bottles of Echo Falls wine then asked them to come to her house and drink it there.
She didn’t drink any alcohol herself but suggested the youths who were all under the influence, play a game of truth or dare,
When she told them that unless they played they’d have to leave her home, two youngsters left but the rest stayed on.
As the dares turned more sexual other youths began to feel increasingly uncomfortable and left, Mrs Ralph said.
At one point Kavanagh dared two boys to kiss girls, which they did.
Seized phones to stop them filming
The kisses were recorded by one of the youngsters, prompting Kavanagh to demand they each place their phones in a cot to prevent further filming.
“The game continued for some time,” the fiscal said. “As they came up with new challenges the dares were of a sexual nature.
“The accused at one point asked a boy to touch the breasts of a girl, but they both felt uncomfortable in doing that and didn’t carry out the dare.”
Later on, Kavanagh told the group that anyone not wanting to sleep over should leave.
Almost all the teenagers left at this point but three stayed over, sleeping in Kavanagh’s living room while she slept in her bedroom.
None of their parents knew where they were staying and only found out what had happened when they returned home the next morning.
Kavanagh pled guilty to buying alcohol for underage minors, culpably and recklessly allowing alcohol to be consumed by minors to their risk of injury and illness, encouraging children to engage in sexual behaviour and behaving in a way contrary to the sexual offences act.
‘She accepts her responsibility’
Defence agent Robert Cruickshank said her offending was “unplanned and opportunistic as opposed to predatory”.
“It’s unclear why she would have committed this crime but to her credit, she accepts her responsibility and her guilt,” he added.
Sheriff Gordon Lamont told Kavanagh: “The offences you have pleaded guilty to are serious.
“Having said that, I take into account you’re a first offender. In addition, I also take into account your young age.
“With these things in mind, I consider that there is an alternative to custody.”
He sentenced Kavanagh, of Watt Avenue, Buckie, to 90 hours unpaid work and a two-year supervision order.
She was also made subject to the notification requirements of the sex offender’s register for two years.
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