SENTENCING STATEMENTS

On sentencing, Lord Harrower said:

"Liam Gray, on 16 April 2025, at the High Court in Stirling, you were found guilty of sexually assaulting your former partner.

The incident took place on 18 March 2021, in the complainer’s own home, you having been invited to attend a small party there the previous day.  From about three o’clock in the morning, you pestered her with texts demanding sexual favours.  She consistently and unambiguously rejected your advances.  After the complainer had gone to bed, you texted to say you were coming up to her room, to which she replied, “No ur not”.   After you had reassured her that you were leaving, she heard the front door open and close, and you sent her further texts indicating that you had left. In fact, however, you had remained in the house, and proceeded to enter her bedroom, where various acts of sexual assault took place.  These included repeatedly attempting to touch and rub her vagina; repeatedly masturbating in her presence; dragging, pulling her, and throwing her onto a bed; repeatedly seizing her arm and forcing her to touch your penis; seizing her head, and pushing it towards your penis; and ejaculating on her body.  During all of this, you wouldn’t take no for an answer, and your victim made it clear to you that she was scared.  It wasn’t until about five o’clock in the morning that you left the house, bringing her ordeal to an end.

In assessing culpability, I have taken account of the fact that the offence took place in the victim’s own home.  It involved a determination on your part, exhibited over the course of almost two hours, to have your way in the face of rejection.  In assessing harm, I take into account that this was a sustained incident causing genuine fear in your victim regarding what further harm you might do to her.  Asked how it had affected her, she replied, “badly”; she hadn’t been able to move on, and now hated living in her own home. 

You are now 28 years old, and I take your age and immaturity at the time of the offence into account.  In addition, I have taken account of your personal circumstances as set out in the social work report, which include adverse childhood experiences.  But you also have previous convictions.  Although none is analogous, they do include three convictions for assault, one of which was on indictment and involved the use of a weapon.  You also have two recent convictions containing a domestic aggravation, and in 2018 you were convicted for breach of a community payback order.  You are currently subject to a two-year community payback order, but the social worker in her report has noted several concerns regarding your compliance with its terms.  With significant reservations, you have been assessed as suitable for the Caledonian Programme.  Ultimately, however, having regard to both the seriousness of the offence for which you were convicted, and the failure of non-custodial disposals to date, I am satisfied that only a prison sentence is appropriate on this occasion. 

I will therefore sentence you to a term of 2 years and 3 months imprisonment, 3 months of which will be attributable to the fact that the offence involved the abuse of your former partner.  That sentence begins from today.  When you were convicted, I informed you that you would be subject to the notification provisions of the Sexual Offences Act 2003 for a period to be determined when passing sentence.  I can now inform you that the notification period will be ten years beginning from 16 April 2025.

I will make a non-harassment order such that you may not contact, approach or communicate with the complainer, or attempt to contact, approach or communicate with her, either directly or indirectly, for an indefinite period."