Rugby player ‘abused’ lesbian teen ‘for his own sexual gratification,’ judge says as he clears him
A rugby player charged with sexually assaulting an autistic lesbian teenager has been told: “you abused her for your own sexual gratification” – as he was cleared.
A verdict of not proven was handed down to Innes Frazer, 30, as the judge at Kilmarnock Sheriff Court said he was “not satisfied beyond reasonable doubt that [she] did not consent”.
‘Not proven’ is a form of acquittal in Scotland which is given when a judge or jury is not entirely convinced of a defendant’s innocence, but lacks the required evidence to find them guilty.
The prosecution accused Frazer of kissing the 18-year-old repeatedly, put his hands under her clothes and touching her breasts before taking off his trousers and forced her to touch his genitals.
The alleged attack is said to have happened during a Christmas party last year, in a shipping container known as the “tin bin” at Ardrossan Academicals Rugby Football Club in Ayrshire.
Frazer claimed that the incident was consensual.
In explaining the decision, Sheriff David Hall told Frazer he “really abused” his position with the teenager.
“She was a family friend and you told me, at the outset of your evidence, that you had nothing but love for her, but it’s clear to me that on December 17 you abused her for your own sexual gratification,” the sheriff continued.
Over the course of the trial, Frazer admitted to introducing the plaintiff to people as “my favourite lesbian” and “the autistic lesbian,” adding that he was “the only one who could turn her straight.”
The judge told him that “remarks you made when introducing her to your friends, which you accepted, are utterly offensive”.
He concluded, however, that he was “not satisfied beyond reasonable doubt that [she] did not consent to what happened in the tin bin.”
During the trial, the woman told the court: “Innes sexually assaulted me.
“It was in the tin bin that’s outside the club – it stores the equipment. Innes asked me to go in and I did because I trusted him.”
She accused Frazer of unbuckling his belt and exposing himself, before pulling down her top.
“He was being quite persistent,” she said. “He tried to put his hand up my skirt.
“I pushed him away and said: ‘No.’ I heard my dad shouting at me so I left; I walked out.
“He bent over to pretend he was being sick but he was actually trying to do up his belt.”
The 18-year-old said she told Frazer to stop, but that he continued “touching himself”.
She added that she vomited after the incident, which she claimed Frazer asked her to lie about.
“Innes told me to tell everyone we were at the bank getting money. I felt sick, disgusted and sad.
“I went back inside, went to the toilet and was sick.”
The court heard the plaintiff pulled away from Frazer, who is engaged to 24-year-old Kirsty Blackstock, and asked him to stop, saying: “What about Kirsty?”
Frazer is said to have responded: “F*** Kirsty, she’s not here.”
