A 28-year-old Lerwick man who carried out a sustained and pre-planned sexual assault has been jailed for almost three years.

Adam James Burnett was also placed on the sex offenders register indefinitely following his sentencing at Lerwick Sheriff Court today (Wednesday).

Sheriff Ian Cruickshank said it was a “sustained and disturbing sexual assault involving digital penetration”.

“There was also a restraining element, which prevented the applicant from leaving the room where the attack took place,” he added.

Sheriff Cruickshank admitted Burnett’s actions were “uninhibited by alcohol” but added he believed there was an “element of pre-planning”.

Given the nature of the offense and Burnett’s two previous similar convictions, Sheriff Cruickshank said he had no alternative but to lock Burnett up.

The court previously heard Burnett, of Robertson Crescent, sexually assaulted his victim on a sofa in front of her friends after a night out in November 2022.

He texted a friend on the night of the attack to say he was going to have sex with the complainant “and she doesn’t even know it”.

During his assault, he forced his hand under her clothing, repeatedly tried to kiss her, forced his hand on her bare penis, tried to force his penis into her clothing and sexually penetrated her vagina with his fingers.

Defense counsel Tommy Allan said it was a “difficult plea in mitigation” to make as a defense lawyer.

He admitted a young woman had been subjected to an invasion of her body “in the most personal way” and accepted it would have caused “a great deal of distress”.

Mr Allan also repeatedly stressed that his client did not want to blame the victim on anyone else

“To be absolutely clear, none of this is the victim’s fault,” he said.

However, Mr Allan said it was his job to highlight the situation from the accused’s perspective and provide some context.

Mr Allan said Burnett did not go to the address with the intention of sexually assaulting her.

He said his client was attracted to the victim and “wanted to be with her”.

The lawyer said that carrying out the assault would have prevented any chance of a relationship occurring, even if the likelihood of it happening only existed in his own mind.

Mr Allan also said it “makes no sense” that he would try to assault the victim on a sofa while her friends were in the room.

He said Burnett “misread the cues” and “failed to consider his victim”.

Highlighting reports made to the court, Mr Allan said they showed his client understood he had “crossed the line” and was “deeply remorseful”.

Mr Allan said alcohol was a common feature in his client’s offending and, recognizing the problems it had caused, he stopped drinking.

In addition to his 35-month prison sentence, Burnett will also have a 12-month supervised release order.

The order means Burnett will be sent back to prison if he commits any further offenses during that time.