A man who placed his hand down a male's trousers while he was asleep claimed he didn’t know he did anything illegal after admitting to the sexual assault. 

Kevin Pearson pleaded guilty to the sex attack on the man on May 3 this year at his address in Bourtreehall, Girvan, placing his hand inside the complainer’s trousers. 

The 49-year-old then handled the man’s genitals – while asleep and unable to consent. 

Pearson pleaded guilty to the charge ahead of trial back on August 2, returning to Ayr Sheriff Court for sentencing recently [Tuesday, October 3]. 

However, a judge scalded the sex offender after claiming he didn't think he committed any offence.

Defence solicitor Colin McLaughlin said: "He appreciates he is approaching 50, with no previous convictions, and gets himself in this situation.  

"In response to his position to the offence, he appreciates his guilt and the plea was tendered."  

Referring to social work reports, Sheriff John Montgomery said: “Your client cannot have his cake and eat it. 

Addressing the dock, he said: “There is a contradiction here. You plead guilty to one of my colleagues, but you told the author you didn’t commit an offence. Do you understand yes or no? 

Pearson said: “I didn’t see it as an offence.”  

Sheriff Montgomery said: "That doesn’t matter, your solicitor told you it was an offence against the law."

When asked: "Do you accept it?", he said ‘yes’.  

Mr McLaughlin added at the time of the offence Pearson was drinking heavily, which he has curtailed "to a degree".  

Sheriff Montgomery added: "I will make you subject to a community payback order for 18 months and will be required to attend alcohol and drug counselling.

"As a result of your conviction you will be subject to [sex offender] registration requirements liable for 18 months."