Medical student who sexually assaulted woman at Aberdeen party appeals sentence

A medical student who molested a woman at a party has claimed he was wrongfully convicted of sexual assault, a court has heard.

Judges heard on Thursday how David Little, 24, fell victim to a miscarriage of justice during proceedings at Aberdeen Sheriff Court last year.

A lawyer for Little addressed the Court of Criminal Appeal in Edinburgh, hoping to have his conviction quashed.

Little, who studies at Aberdeen University, was guilty following a trial at the city’s sheriff court last year of Court of sexually touching and repeatedly trying to kiss a fellow undergraduate at a flat in November 2021.

He was also convicted of groping the same woman during a taxi journey through Aberdeen.

On Thursday, defence advocate Neil Shand told judges Lord Beckett, Lord Matthews and Lord Armstrong that evidence available in the case showed that Little was wrongfully convicted.

Mr Shand argued that the evidence showed that Little had done nothing wrong in his dealings with the complainer in the case.

Mr Shand said: “He maintains the behaviour was consensual.”

At the proceedings last June, Mr Shand told the sheriff at the court hearing that Little had been unable to graduate since the allegations against him had been made to the police.

The charge on which Little was convicted states that between November 26 and November 27, 2021, at a flat in Aberdeen and during a taxi ride, he sexually assaulted the woman.

He was found guilty at trial of grabbing the woman and pulling at her clothing while repeatedly trying to kiss her.

The jury also found the medical student guilty of repeatedly trying to hug the woman and kiss her neck.

The court heard how Little’s victim had to sit through a Harry Potter movie following the assault.

A charge of more serious sexual offences on the same woman was found not proven.

A not guilty verdict was returned on a drugs charge.

Little was given 100 hours unpaid work and was told he’d be supervised by the authorities for 12 months. He was also placed on the Sex Offenders Register.

At his client’s sentencing hearing, Mr Shand claimed Little “will be required to live with this conviction forever”. Mr Shand also said that the conviction could stop him from pursuing a career in medicine.

He added that Little’s future remained “uncertain” due to his inability to graduate from his university course.

He added: “The worst-case scenario is that he is expelled from the university and, other than that, there are other scenarios, like suspension – things that would impact his ability to graduate,”

The advocate stated that he was aware that his client’s behaviour had made his victim “uncomfortable” but that afterwards, they “continued watching Harry Potter” together.

He added that a conviction and his client’s subsequent placement on the sex offenders register would have a “detrimental effect” on his “career aspirations”.

Sentencing Little, Sheriff Morag McLaughlin told Little that it was clear that his conviction was “going to have a significant impact on your future”.

She added: “The offence that you were found guilty of, while serious, was not as serious as what you were initially charged with – but it will continue to have a massive impact on you.”

Sheriff McLaughlin made Little, of Aberdeen, subject to a community payback order.

On Thursday, it emerged that the appeal ground was based on Little’s “reasonable belief” that the complainer was consenting to his behaviour.

Lord Beckett told Mr Shand that the court would issue its decision sometime in the near future.

He added: “We will reflect upon submissions.”