Ayr court: Andrew Webb guilty of sexual activity with teenager

Andrew Webb pleaded not guilty to a charge of sexually assaulting the child at his then home in Kincaidston on June 7 and 8, 2022.

The trial heard the 39-year-old had searched the internet for "sentence for sexual assault", "I think I'm sexually abusing someone", and "how to tell family I've sexually assaulted someone" - after telling police "I think I know what I've done".

The court heard Webb make several admissions during a 'no comment' interview with police, stating he was drunk at time. 

DNA traces of Webb's saliva were found on the boy's clothing.

A jury returned a majority 'not guilty' verdict on a charge of the sexual assault, but all 15 members unanimously convicted him on the lesser charge of sexual activity with an older child, which would not require consideration of whether there was consent in the offence against the 15-year-old. 

A trial at Ayr Sheriff Court heard the former Smiths bar worker performed a sex act on the child, after the victim repeatedly told him to stop 'flicking and rubbing' at his privates beforehand.

The court heard from a recorded police interview as well as the 15-year-old taking the witness stand, that the boy replied to a text from Webb.

The teenager visited Webb's home and sat on a chair in a gazebo tent while Webb sat in a Jacuzzi.

Procurator Fiscal depute Chris Munro read out in court text messages between the victim and Webb.

Webb wrote: "Hi how are you?", and after no reply, added: "You alive?"

The complainer responded: "Aye how?".

Webb said: "Just checking how's you the day?"

The boy replied: "I want a drink but all my pals said no. Bunch of s***ebags, it's not even cold outside."

He added: "Bored out my t**s as my Wi-Fi cut off. What up to?"

Webb replied: "Sitting in my hot tub getting p**hed." The boy replied: "Lucky you."

After being invited to drink, the victim stated: "I could come round but you need supply it" adding he meant 'cans'. The court heard the complainer took round some cans of Stella of his own, before later drinking bottles of Budweiser at Webb's.

Giving evidence in court, the boy said about the incident: "He kept pushing his hands closer and started rubbing my c**k, I was pushing his hands away.

"He pulled my trousers down and I was still in shock. He was leaning over as I sat on the chair - before I had time to react, he leaned out [the hot tub]."

The court heard after the incident that the victim went into Webb's house and took another bottle of beer out the fridge then left around five minutes later.

He said he was "unable to drink it", then phoned his mum around 10 minutes after the incident.

He told the court: "I couldn't think of anything else to do. I was feart and phoned my mum.

"I then saw her the next morning. I felt scared. We did go police but not straight away."

Fiscal depute Chris Munro told the court the boy brought a screenshot to police showing a message Webb sent at 1.08pm the next day, saying: "Afternoon, how's you, hope you're okay. If you're drinking at weekend got you a wee gift."

The complainer replied: "No you're alright I don't want a gift. I said no so many times and you just kept going. 

"Don't come f***ing near me or I'll go to the police. Don't even talk to us or message again.

"What you done was wrong and I tried pushing your hands away but didn't work. I couldn't even sleep and trusted you.

"I never expected you to to that kind of thing and I was wrong."

Webb replied: "Okay understand and so sorry, I know I shouldn't, so sorry. Don't go to the police. I will never bother you again."

Under cross examination, defence solicitor Quentin Muir asked the victim: "Why didn't you just turn on your heels?" 

He replied: "I felt bad, he made me feel bad. He said something about shooting himself [after the touching part of charge]."

"I said 'don't do that, you're making me feel uncomfortable'. I was a wee boy, know what I mean?

"I thought he would stop when I told him. I was begging him to stop and never beg anything."

After putting to him the incident happened with his consent, the victim said: “I never once said aye. I didn’t allow it.

"Do you not think I wish I did 'this' and done 'that'? I wish I hit him on the head with it [beer bottle]."

After putting it to the teenager "you consented to all this", he replied: "That's a load of bulls**t .

"No, its the truth, he's trying to get a shorter sentence because he's a fat specky f**k - and you're as bad."

The boy added: "I tried to push his hands away and head an all. I froze and it ended up happening. I'm embarrassed it ended up happening, who wouldn't be?"

Sheriff Mhairi MacTaggart told Mr Muir she didn’t think that 'was fair' asking the complainer about his body's reaction, and later reminded the jury people's bodies - and victims - can react differently.

The court also heard from two police investigators, who told the court Webb stated "I think I know what I've done", when cops arrived at his house.

He was also found to have made internet searches for "sentence for sexual assault", "I think I've sexually assaulted someone", and "how to tell family sexually assaulted someone".

During a recorded police interview, Webb gave mainly "no comment" answers to police.

When asked about his own drinking at that time, he replied: "It doesn't help my choices that's for sure.

"I maybe tried some thing with him. I think I done something wrong.

"Maybe I tried to touch him, but I don't remember."

Defence solicitor Mr Muir said Webb would be exercising his right to not say anything to the charge during the trial.

Addressing the jury, Mr Munro said: "There is clear compelling evidence beyond reasonable doubt he is guilty of the charge of sexual assault.

"It is the Crown's position this was a sexual assault on a 15 year old boy by a [then] 37-year-old man.

"There was no romantic relationship, nothing like this happened before. There was a significant age gap, he was more than double his age. 

"This wasn't two children, it was a grown man and 15-year-old boy. There was nothing in the conversation to give him [Webb] reasonable belief consent to sexual relations had been given."

Mr Muir said: "If this was a court of morals anything I say would fall on stony ground, but this is not a court of morals but a court of law.

"I would ask you set aside any revulsion this type of allegation would raise within you.

"It is the defence's position not to deny something occurred, not deny sexual contact but that it was with consent and Andrew Webb's reasonable belief of consent." 

The jury retired at 12.37pm on Thursday, February 1, and shortly after 2pm returned a verdict of not guilty by majority vote to the original sexual assault charge.  

The foreman told Sheriff MacTaggart that the jury had then unanimously found Webb guilty of the lesser charge of sexual activity with a child aged between 13 and 16, which the jury was advised did not require them to consider the matter of consent.

The case was adjourned for social work background reports, with the judge telling Webb sexual offender registration would be at her discretion when he is sentenced.

Bail was continued, with his current address undisclosed.

Webb will return to court to learn his fate at a later date.