Court / Man warned he could face jail for sexual assault
Content warning: This story contains details of sexual violence. If you have been affected by this issue, help is available.
A TWENTY eight year old Lerwick man has been warned he could face jail after admitting sexually assaulting a woman on a night out.
Adam Burnett, from Robertson Crescent, made repeated unwanted advances on the woman after following her to the North Mainland after a night out in Lerwick on 6 November 2022.
Burnett repeatedly tried to remove her clothing, despite her telling him to stop, and called her “a b*tch” when she tried to get him off of her.
He also removed his own clothes and tried to force her to touch him, and put his hands down her underwear while she attempted to stop him.
Burnett then messaged her the next day to say he had the “f*cking fear”, and told friends he had “f*cked up” – but would not elaborate.
He admitted sexually assaulting the woman, trying to remove her clothing, trying to get her to touch him sexually and repeatedly attempting to kiss her.
The case had been due to go to trial at Lerwick Sheriff Court on Tuesday, before Burnett pleaded guilty at the last minute.
Procurator fiscal Duncan Mackenzie said Burnett had told a friend in a nightclub on the night of the incident that he “wanted” the woman.
The court heard the woman and two friends returned to a house in the North Mainland after 3am, with Burnett messaging one of them to let him in a short time later.
“She did that, but did not know why he was there,” Mackenzie said.
Burnett messaged a friend when he was there to say he was going to have a sexual encounter with the woman and “she doesn’t even know it”.
The court heard that the group moved to a couch in an upstairs living room, where Burnett and the complainer sat close to each other.
The woman put a blanket over herself, but Burnett then moved behind her and lay under the blanket too.
“He tried to undo the button of her jeans, and she was trying to push his hand away,” the fiscal said.
Mackenzie said Burnett tried to put his hand inside her underwear, and though she tried to stop him “he was too strong”.
The court heard that he then sexually assaulted her.
The woman’s two friends were still in the room, and she tried to make them aware of what was happening.
They did not know what was happening though, and eventually they left the room.
When they did, Burnett got on top of the woman and “repeatedly tried to kiss her on the lips”.
“She kept telling him ‘no’, and pushing him off,” the fiscal told the court.
Later, she tried to put her hand over her mouth to stop him from kissing her.
The court heard that Burnett then told her he was going to take his own clothes off, and tried to pull her hand onto his penis.
When she resisted, Burnett said she was “a pussy”, and told her: “You’re such a b*tch”.
She told him to get off and to go to sleep, which he eventually did.
She was then able to escape and go sleep in a spare room before messaging a friend what had happened.
Her other friends found Burnett still sleeping in the sitting room in the morning, and asked him where the woman was.
“He kept repeating he ‘still had the fear’, but wouldn’t say why,” Mackenzie said.
Burnett’s friend came to pick him up, and the other two girls from the house came along for a run.
But the complainer refused to come, instead waiting for her own lift.
In the car, Burnett messaged the woman to say he had “the f*cking fear”, adding: “I feel bad AF now”.
She did not reply to that message.
Her friend encouraged her to go to the police, but said she “appeared to be in shock” and initially refused to.
Burnett then messaged her again to apologise, saying he was “too drunk”.
Mackenzie said Burnett had a previous conviction for a similar offence, which also seemed to follow the same pattern.
“There does seem to be a significant escalation of behaviour,” he said.
“This incident is not opportunistic. There seems to be a degree of premeditation to it.”
Defence agent Tommy Allan said Burnett had co-operated with the court throughout the case, and understood the severity of the charge.
He asked for him to be released on bail while background reports were compiled.
Sheriff Ian Cruickshank asked for the preparation of a criminal justice social work report before deciding on a sentence, and agreed to bail Burnett.
However, he warned him that “in no way gives any suggestion” about what might happen when he returns for sentencing.
He told Burnett he would be reading the narrative from his previous conviction to see if there was a similar pattern of behaviour.
Burnett will return for sentencing on 30 October. At this point his defence is expected to speak in mitigation.
If you have been affected by this issue, help is available.
If it happened in the last 1-2 weeks: Call: 0800 148 88 88 (24/7)
Online: Sexual Assault Response Centres (SARCS)
In Person: The SARC is at Gilbert Bain Hospital in Lerwick
The Compass Centre provides free and confidential specialist support to non-abusive people of all genders (age 13+) in Shetland who’ve been affected by sexual violence (that is: unwanted sexual behaviour), no matter what happened or when:
Call: 01595 747 174 (9am-1.30pm Mon-Thurs)
Email: contact@compasscentre.org
Online: Refer Online
By Post: 11 Hill Lane, Lerwick, Shetland, ZE1 0HA
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