Scottish siblings who had sex in lift spared jail

14th October 2011, Comments 0 comments

A brother and sister from Scotland who admitted having sex in a railway station lift escaped jail on Friday, although the court ruled that the young man should be put on the national register of sex offenders.

Former soldier Richard Finlayson, 21, and his younger sister Kirsty, 18, were caught in the act twice by security cameras at Motherwell station, outside Glasgow, on June 27 last year.

They had previously both pleaded guilty to committing incest and during sentencing at Hamilton Sheriff Court on Friday, the brother received a two-year probation order while the sister received a one-year probation order.

Richard Finlayson was also put on the sex offenders register because his sister was only 17 -- a minor -- at the time.

Kirsty Finlayson, who wore a bright purple Adidas tracksuit in court, will now receive mental health and substance abuse counselling, the court heard.

She had been living in a homeless hostel at the time and said she went to meet her brother to borrow some money when they ended up having sex.

"I was basically homeless, drunk and needing help. I was waiting with him on the platform for his train home, before I went to get mine," she told The Sun newspaper.

"It's not an excuse, but I really can't remember everything that happened next," she said, adding that she broke down into tears as she returned home and felt "sick and disgusted with myself".

Richard Finlayson told the Sun it was a "moment of madness".

"Kirsty came on to me but I can't blame only her for all this. We were both consenting adults who made a stupid and wrong decision," he said.

Sentencing them, Sheriff Ray Small said: "I'm sure you both understand that most right-minded members of society will find the details of this case unacceptable and difficult to comprehend."

But he said both defendants were "vulnerable" and spared them jail because they had no previous convictions and were not viewed as any threat to the public.

Small added that because of the publicity generated by the case "I believe it is the case that your lives are to a large extent in ruins."

Kirsty Finlayson is now expected to move to England.

© 2011 AFP

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