A MAN guilty of inflicting a brutal sexual assault on a woman in Muirkirk has been jailed - and faces an extended period on licence when released.

Gary Kerr was sentenced to two years and placed on the sex offenders register for 10 years after he denied the charge of sexual assault and physical violence when he faced trial, using the legal defence of consent.

However, the court heard the 46-year-old had since shown 'understanding' after he was found guilty of carrying out an extreme sex act on the victim to her injury at an address in the village on November 10 last year.

The Chronicle has chosen not to fully detail the assault due to its graphic nature.

The court heard the complainer say she felt like she had been hurt on the inside.

Kerr told police in his interview after his arrest: “I didn't do it forcibly.”

When he returned to Ayr Sheriff Court this week [Monday, October 21] defence advocate Rosalyn McTaggart said: "His personal circumstances are outlined in the social work report. Since the verdict of the jury, Mr Kerr has begun to show a level of understanding for the offence, which is of course very nuanced. 

"It is Mr Kerr's firm wish to return to the community as soon as possible. He has his own tenancy. He is lucky to be engaged in the support of his adult daughter who has provided a level of support.

"He understands the court is restricted in its options. Social workers recommend supervision on release which could be useful."

Sheriff Mhairi MacTaggart said: "I have given this matter very careful consideration and its obviously apparent from the trial evidence this is a relationship that should have never have been embarked on by either of you.

"One thing you have to be mindful of is, whatever sentence you will be subject to you could theoretically be subject to lifelong sexual offenders registration.

"Realistically custody is only appropriate, but I do think you require, for your sake and the community's sake, a period of monitoring." 

Kerr was jailed for two years, backdated from November last year when he was first remanded.

He will spend an extended period on licence on his release for six months, with conditions to be determined by the Scottish Ministers.

Kerr will remain on the sex offenders register for 10 years - with a non-harassment order forbidding contact with the victim for two years.

Taking in the witness stand during his trial, Kerr said listening to the evidence felt ‘horrible’, and added: "It’s just a horrible thing to go through."

He said: “I just wouldn’t have done that [without consent]. I was able to tell from her body language. We tried to have sex, but couldn’t, so started doing other things."

Urging the jury to find Kerr guilty, procurator fiscal depute Edwin Sheeran told members: “Ask yourselves this question, why would she put herself through the ordeal of giving evidence and not be telling the truth?

“In her evidence, she told you how she found herself in the bedroom being punched to the head and [hurt internally]. She said it was so painful.

“In my submission, you can confidently convict Gary Kerr of brutally sexually assaulting her, which led to her having to be medically examined."

Defence advocate Safeena Rashid said: “His position has consistently been it happened with her consent, he has never departed from that position.

"Gary didn't need to give evidence but did.

"An argument started and led to [complainer] leaving the house, she started the car, hit a fence, burst a tyre, then called police.

"Almost the entirety of the Crown case is how you find [the complainer] to be a credible reliable witness.

"When talking to the prosecutor she was teary, where did these tears go when she told me to 'f*** off'?"

The jury took around 90 minutes to reach its verdict last week, finding the allegations of physical violence not proven by majority - but finding Kerr guilty of the painful sexual assault on the woman.

Jury members at Ayr Sheriff Court found allegations that he had repeatedly punched the complainer on the head, seized her by the hair, punched her in the stomach, and lay on top of her to be not proven.

A second charge of causing her fear and alarm by shouting, swearing and using abusive names was dropped by prosecutors during the trial.