A MAN who had sex in the street has been ordered to spend his nights at home for the next 12 weeks.

York magistrates heard that a couple were packing up in their Mayfield Grove guest house at 5.30am on July 16 as they prepared to go home.

They opened the curtains and saw Nicholas Martin Scherer, 22, having sex with Adam Craig Fletcher, 29, in broad daylight in the street outside.

They called police and the two men ended up in court.

Scherer, of Kingsway West, Acomb, and Fletcher, of Mayfield Grove, off Tadcaster Road, both pleaded guilty to outraging public decency.

Scherer was given a community order with 12 months’ supervision and a 8pm to 6am nightly curfew for 12 weeks. Fletcher, whom the court heard has learning disabilities, was given a 12-month conditional discharge and ordered to pay £85 prosecution costs.

For Scherer, Harry Bayman said both men had been drinking and had taken drugs. They had met in a pub and gone on to a private party and were on their way to Fletcher’s house.

“In fact it was the end of their night out. For the witnesses, it was the beginning of their next day. To some extent there was a conflict of lifestyles,” said Mr Bayman.

The men had not intended to cause anyone any distress.

For Fletcher, Julian Tanikal said it would have been quiet in Mayfield Grove at 5.30am. Fletcher was a young man who was vulnerable to peer pressure.

That night was the first time he had taken drugs and he had had a lot to drink. He had an alcohol problem that he needed help with. Mr Bayman said Scherer had not given Fletcher alcohol.

Lawyers for both men said their behaviour was totally out of character.