SENTENCING STATEMENTS

Upon sentencing, Judge Pasportnikov made the following remarks:

"James George Stewart, on 8 September 2026, after a trial at the High Court in Inverness, the jury convicted you of three charges detailing sexual offences against a child including a charge or rape. You earlier pleaded guilty to a charge of sexual assault against a partner or former partner.

"Your first victim described a close relationship with you and regularly spent time with you at your home from an early age. From her recollection, from when she was approximately 5 and until she was 12 years old, you subjected her to repeated sexual abuse. The abuse occurred predominantly in your bedroom and involved repeated acts of oral sexual activity, digital penetration, and vaginal penetration. Many incidents took place when others were elsewhere in the house. The abuse occurred frequently on an almost daily basis. Your first victim suffered pain and bleeding following an incident of vaginal penetration when she was approximately 8 or 9 years old. You told her to keep the abuse secret and she remained fearful of disclosing what had happened, in part because she believed threats had been made concerning a younger family member. She had been confused and frightened by the conduct and said she eventually came to understand that it was wrong as she grew older. She only disclosed the abuse as a young adult. About 10 years ago, you apologised for what you had done to her. She reported the matter to the police in 2023 due to her concerns for the safety of a younger female relative.

"Your offending behaviour amounted to repeated sexual abuse of a child over a number of years, involving a breach of trust in later offending, exploitation of her vulnerability, and conduct which caused her fear, distress and lasting emotional impact. You robbed a child of her innocence and caused her great pain, both physical and emotional. I have seen two victim impact statements from her. The psychological damage inflicted has been considerable. Mental illness had blighted her life from her teenage years to the present day. She continues to suffer flashbacks and nightmares. She has contemplated self-harm. She has been prescribed medication which she says is to little effect. She is still terrified if she sees blood on her underwear. She has issues with trust and a fear of men. She has been isolated from her family. She does not envisage a time when she will be free from trauma. She is unable to work and so your crimes against her continue to have an adverse financial effect on her as well.

"In relation to your second victim, you admitted to touching her sexually while she was asleep or in a drowsy state. This conduct continued over a period of several years from 2019 until 2023. Your second victim described numerous incidents, which she estimated occurred at least twenty times, where she awoke to find you touching her breasts and genital area without her knowledge or consent. This behaviour also occurred when she was taking medication that caused significant drowsiness and included one occasion of digital penetration. You apologised for your behaviour when confronted, suggesting that it was as a result of your sexual needs, but the conduct continued. Your criminal behaviour only ceased after she changed her sleeping arrangements and clothing, and after you had become aware that she had discussed your conduct with another person. You later apologised to her after you had been arrested in connection with the sexual offences against your first victim.

"That matter was ultimately reported to police in March 2024. Your offending against your second victim had a significant emotional impact upon her, leaving her feeling fearful, violated and deeply affected by the realisation that she had repeatedly been subjected to sexual touching without her consent while she was asleep and vulnerable. She too has provided a victim impact statement which details ongoing issues she has, including difficulty with trusting people and an irrational fear of going to sleep at night.

"These difficulties faced by your victims are in no way their fault. The blame lies with you. They will hopefully be able to reclaim their lives and move forward and heal because you will be punished for what you did to them.  

"You have always accepted your guilt in part in relation to the first complainer. You accepted that you had only carried out sexual acts against her on 3 occasions when you had been 12 and she had been 5.

"The jury did not accept your version of events. They therefore accepted that you were aged between 12 and nearly 20 at the time of the offences against the first victim.

"You have accepted your guilt in full in respect of the second complainer for offences committed when you were aged between 30 and 35.

"Mitigation

"You tendered pleas to certain charges in advance of the trial. Your plea of guilty to an amended charge in relation to the first complainer was not accepted by either the crown or the jury. Your plea in relation to the second complainer was accepted by the crown.

"The pre-sentence report is available in this case. Your maintain the position you took at trial, as you are entitled to do. Although you accept some sexual offending in relation to your first victim, this is very limited. You are willing to engage in intervention to reduce your risk of further offending.    

"Whilst the report does not mention your understanding of the impact your actions have had on the complainers, I accept that when you apologised to the first complainer you offered to go to the police. You were prevented by family members from doing that.

"I have listened very carefully to what Mr Dow has said on your behalf. You are 38 years old. You have held down employment. You have shown remorse. I have considered your own mental health difficulties. You yourself had an adverse and traumatic childhood experience.

"I have taken account the adverse effect these proceedings have had and will inevitably continue to have on your family, but that is down to your actions alone.

"In considering the level of sentence, I have had regard to the process and principles and purposes of sentencing. These are a very serious offences of which society, quite rightly, disapproves. Offences against children are particularly abhorrent. Women should be allowed to feel safe in our society, particularly in their own home and in the company of someone with whom they had been in an intimate relationship for a number of years. In relation to these charges, therefore, the threshold for a custodial sentence is met and only a prison sentence is appropriate.

"Turning to consider the level of sentence in relation to the charges against the first complainer, I have also had regard to the sentencing guideline for rape of a young child in respect of charge 3.

"In relation to that charge, I categorise your culpability at Level B. Your victim has clearly suffered severe psychological harm in relation to the sexual offending which was prolonged. I assess the level of harm as falling at the upper end of Level 2.

"I consider the aggravating factors to be repeated offending (a course of conduct over a period of 4 or 5 years), the child was, at the start, particularly young, there was ejaculation on occasion and you took steps to prevent the child from reporting the offending. The mitigating factors were that you cooperated with the police and that you have no other convictions. I have also taken account of your age at the time of offending against the child.

"Had I been sentencing you on each charge separately, I would have imposed the following sentences:

"Charges (001), (002) and (003) are a course of conduct against the same complainer. Balancing all factors, I consider a sentence of 9 years’ imprisonment would have been appropriate.

"In respect of charge (004) –I consider a sentence of 2 years’ imprisonment would have been appropriate. 6 months of that sentence would have been attributable to the domestic aggravation.

"On one view, it could be considered that the sentences in respect of each charge ought to be imposed consecutively. In considering the totality of the sentence, however, I consider that that would result in a grossly disproportionate sentence. That being so, I will, impose a single period of imprisonment across all four charges which adequately reflects the totality of the criminality involved.

"Given the assessment of risk that you pose, I consider that any risk you pose could be managed in the community following your release from custody only with further work. Your time in prison will protect the public in the meantime. It would be beneficial if you were to complete programmatic work whilst in prison. Given your offending, I consider that the period of licence would not be sufficient for the protection of the public from serious harm.  

"On that basis, the cumulo sentence which I will now impose on you is one of 11 years and 6 months, of which 9 years and 6 months will be a period of imprisonment and 2 years in the community.

"Following your release there will be an extension period of 2 years during which you will be subject to certain conditions set by the Scottish Ministers. Breach of those conditions or the commission of further offences may see you sent back to prison to complete the remainder of your sentence.

"I will backdate your sentence to the date you were first remanded in custody, namely 8 September 2026.

"As a result of the sentence imposed, you will be subject to the Sex Offender Notification Requirements of the Sexual Offences Act 2003 for an indefinite period of time.  

"Finally, in relation to each of the two complainers named in the charges, I will make a non-harassment order in terms of S.234A of the Criminal Procedure (Scotland) Act 1995. This order will be for an indefinite period. You must not approach or contact or attempt to approach or contact either complainer, in person, by electronic or other means, and neither directly nor indirectly through another person."

3 November 2026