I agree too, it's an over reaction and mis-use of the act.
If this action was taken in every case of Saturday night back alley sex, over 90% of the population would soon have a sex offenders conviction, then the conviction would carry no weight in public opinion or carry no sway with employers, and then the purpose of the conviction would become meaningless and the act obsolete.
Whether Scottish law differs from that used in other parts of the Union I am uncertain, but this case sounds muck like an abuse of the Act.
As I understand it, the Act was designed to protect children from abuse rather than be used simply as one for public decency. Such action can only lead to the value of the register being 'watered down'.
Further, if the man was guilty then so was the woman; why was she no put on the register also. It sounds as if the female Deputy fiscal (Carol Whyte) may be guilty of sexism.
The relevant legislation states you can be put on the register for Public Indecency where
"the court determines that there was a significant sexual aspect to the offender's behaviour in committing the offence"
Engaging in sexual intercourse on a park bench at 4pm on a Tuesday when kids are likely to be around are surely aggravating factors. I do not think many on this forum are likely to have performed at such a time in such a place ;o)