A FORMER teacher from Ayr who sexually assaulted a pupil at a secondary school has been spared jail after a sheriff called his behaviour “an aberration”.
Asif Rafiq was sentenced at the town’s sheriff court on July 11 – when his lawyer said the 48-year-old was continuing to insist on his innocence.
Rafiq, of Forge Road, Ayr, had been found guilty by in April of placing his arms around the girl, putting his hands on her buttocks, squeezing them and kissing her on the face “on various occasions” on February 15, 2023.
He was placed on the sex offenders register after Sheriff Shirley Foran’s guilty verdict, with sentencing deferred for a background report and risk assessment by a social worker.
At sentencing, Rafiq’s defence advocate told Sheriff Foran that his client: "I don't wish to say anything on the circumstances of the offence; your Ladyship heard those first hand.
"Mr Rafiq's position remains the same as it was at trial. A consequence of that is that the social worker comments he ‘accepts no responsibility for the offence’.
“He accepts your Ladyship’s verdict.
"This is an offence that is very much out of character. He has no previous convictions and no pending convictions at all.
"He has worked all of his adult life and has been teaching for 17 years. Now that career is finished, though he intends to continue in employment.
"He has been in a relationship for 13 years with the same woman and they have two children. This conviction has had a very significant impact on them.
"He is keen to draw a line under matters. He knows this is a serious matter but I would urge your Ladyship to consider a non custodial sentence."
Sheriff Foran told Rafiq: "I think it’s clear from what I've seen and heard that you understand the gravity of these matters.
"I'm of the view that this was an aberration, taken against a long history of non-offending.
"For this reason I'm of the view there is an alternative to custody available, and that punishment and protection of the public can be achieved through a community-based disposal."
Rafiq was put on a community payback order with 18 months of social work supervision and was ordered to carry out 200 hours of unpaid work.
He will remain on the sex offenders register for the same length of time.
A conduct requirement was imposed requiring any voluntary work done by Rafiq to be approved by a supervising officer.
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