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Fife fish fryer’s offer to victims in illicit porn case labelled ‘an insult’

Michael Foy, xHamster
Foy was found guilty of putting the pictures on porn site xHamster.

A Fife fish fryer will pay compensation to women whose naked pictures he uploaded to a porn website without permission.

However, Michael Foy’s offer of £20 a week to the two women was labelled an “insult”.

The chip shop head chef from was found guilty last month of placing images of the pair on porn website XHamster.

He claimed the images had been posted by one of his victims.

He took the picture of one of the women while she was naked, asleep and unable to consent.

‘Insulting’ compensation offer

Foy, of Silverbarton Terrace, Burntisland, was sentenced at Dunfermline Sheriff Court and was spared prison but told he must pay £1,500 to compensate his victims.

Sheriff Charles Macnair QC – who also ordered him to complete the maximum 300 hours of unpaid work – called the initial payment offer “derisory”.

Michael Foy will pay £1,500 compensation.

He ordered the payments to be be made at £250 per month instead.

The sheriff said: “There was no justification at all for the offending.

“Whatever (the first woman) told you, it’s a matter of law she could not have consented to what happened.

“Certainly in relation to (the second woman), there could have been no consent.

“I’m just persuaded to deal with it by way of a non-custodial sentence.

“Saying that you can afford £20 a week is an insult, a derisory figure.”

The sheriff warned him to attend supervision for nine months, complete the unpaid work within a year and pay the full amount of compensation within six months.

The woman who was photographed while asleep will receive £1,000 in compensation, while the other victim will receive £500.

Foy was also placed on the Sex Offenders Register and handed non-harassment orders preventing him from contacting either victim for three years.

Conviction

At a trial last month, a jury convicted Foy of three charges.

He was found guilty of uploading images of two women to XHamster without  permission and taking a naked photo without consent.

Foy admitted he had taken a photo of one of the women without her consent as she slept but claimed he had sent it to the other complainer.

He said she had then posted the photo, along with pictures and videos of herself, under the username BigFoy.

After two and a half hours deliberating, jurors returned guilty verdicts to three of four charges faced by the 40-year-old.

The offences took place between 2017 and 2020.

The court heard Foy had previously been convicted of a domestic offence involving one of the women.

Offender’s ‘farcical’ trial evidence

Foy took to the witness box to give evidence in his own defence during the trial.

Asked how the images of the first woman came to be created, he said they were originally her idea.

He said: “They were taken by myself and (the woman).

“I was against it – she asked and I said ‘no’ to begin with.

“She insisted so, to keep her happy, I did it.”

He also claimed the woman had consented to the photos being shared online and they had edited them together.

He conceded he had taken the photo of the second woman as she slept and forwarded it to the first woman, who he insisted was responsible for posting it on the website.

However, fiscal depute Ronnie Hay challenged Foy’s version of events, pointing details in the picture’s description were wrong and contained derogatory terms she was unlikely to use about herself.

He also pointed out Foy’s claim was “farcical” that he did not know how to upload content to the website but was able to use dating app Plenty of Fish, where he said he had met the second woman.