Roddy Kerr 47

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A sex predator has been locked up for a New Year attack on a woman he claimed he thought was his wife of 13 years.

Roddy Kerr struck at his house in Hamilton, Lanarkshire shortly after the bells on January 1, 2020.

The 47-year-old told jurors he had gone into bed in a spare room and "nuzzled" beside who he believed was his wife. Others had been at his home that night for the celebrations, but he reckoned everyone had left by that time.

He went on to intimately touch the person beside him in the bed. Kerr insisted she was awake and "engaging" in what was happening.

But, it emerged it was not his wife, but another woman who had been molested.

Jurors at the High Court in Glasgow heard that Kerr later sent a text to the victim apologising.

Asked at the trial what he was saying sorry for, Kerr stated: "The incident that happened - because I got into bed thinking it was with my wife."

Kerr said he met with the woman a week later to "try and clear the air" and "put it behind us". He recalled: "It was awkward, did not really say much. Silence, but a few words exchanged. Not a lot said."

It was months later that the matter was reported to the police.

In cross examination, prosecutor Alex Sutherland put to Kerr: "You had mistaken your wife of 13 years for this woman? I suggest that is preposterous. It is not true."

Kerr: "No."

Kerr also said he "did not think" he had volunteered to go to the police after what happened.

First offender Kerr was found guilty of sexual assault. Jurors deleted the allegation of attempted rape.

Sentencing had been deferred for background reports.

As Kerr returned to the dock, his lawyer Donna Armstrong said: "He remains married to his wife. She supports him and has done since the commission of the offence."

Judge Kevin McCallum KC said Kerr had "took advantage" of a woman at his home that night.

He stated: "Your actions have had a significant impact on your victim."

The judge said there was no alternative to a prison sentence and locked Kerr up for 14 months.

He was also put on the sex offenders list and hit him with a non-harassment order banning him from approaching the woman for the next 10 years.