THE sentencing of a man who sexually assaulted a woman who tried to help him was deferred after court equipment failed.
Glasgow Sheriff Court heard that Kevin Kerr attacked the woman when she came round to check up on him over concerns for his welfare.
Depute fiscal Kyle Dalziel told the court that Kerr, from Thornwood, had been drinking on September 9 last year and called the woman.
She was concerned for his wellbeing and worried about how much alcohol he had drunk so went round to his flat to find him "upset and intoxicated".
The woman sat next to Kerr on the couch where he put his hand between her legs and assaulted her over her leggings.
She told the 40-year-old a number of times to stop trying to touch her, the court heard, but he continued to do so without her consent.
The woman did not feel comfortable so took out her mobile phone and made a video recording of what was happening.
Mr Dalziel said: "The complainer, out of concern for his welfare, stayed next to the accused and tried to calm him, however, the accused continued to place his hand between the complainer's legs without her consent."
Still feeling concerned for Kerr's welfare, the victim went to Partick police station to talk to officers.
She and Kerr later exchanged messages over WhatsApp where he said he had no memory of the incident but he apologised.
The court was told that when the case was heard previously, recording equipment failed and so a criminal justice social work report could not be progressed.
Kerr's solicitor told the court he is asking for an absolute discharge.
Sheriff Patricia Pryce said: "This will have to be transcribed and sent to the social work department so the matter will be deferred further.
"Your request for an absolute discharge will be deferred to that date."
The case was continued until September 17.
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