A Fife ice cream shop owner who engaged in sexual activity with a 14-year-old girl after grooming her for months has been told to carry out unpaid work.
Sean McGowan was also placed on the Sex Offenders Register for a crime which involved groping and kissing the teenager and asking her to send him naked photos of herself.
The 38-year-old also repeatedly told her he wanted him to be the person to whom she lost her virginity.
His Inverkeithing business, Catered With Love, closed down after protests when his actions came to light.
Direct alternative to prison
Following a trial at Dunfermline Sheriff Court in October, McGowan was convicted by Sheriff David Hall of engaging in sexual activity and communicating indecently with an older child.
The trial heard the girl’s mother found sexual messages from McGowan on her daughter’s phone after she became concerned about her being more secretive about what was on the device.
She then contacted police.
McGowan, of Maria Street in Kirkcaldy, appeared in the dock for sentencing on Thursday.
Sheriff Hall told him: “You should be of no doubt I found you guilty of a very serious matter.
“Had it not been for the efforts of her mother, this might have been a lot more serious.”
The sheriff sentenced McGowan to carry out 240 hours of unpaid work within 18 months, as part of a community payback order.
He was also made subject to a supervision order and placed on the Sex Offenders Register for two years.
Sheriff Hall warned McGowan this punishment was a direct alternative to custody.
Sexual messages
McGowan was found guilty of a charge that between March 16 and May 26 2020 at ‘Catered With Love’, King Street, Inverkeithing, a location at South Queensferry and elsewhere, he engaged in sexual activity with a girl, then aged 14.
The charge stated he repeatedly kissed her, touched her on the body, touched her on the buttocks and slapped her on the buttocks.
He also sent her sexual written communications, repeatedly asked that she send him naked images of her buttocks and repeatedly told her he wanted to be the person she lost her virginity to.
One of the messages stated: “You could get me in a lot of bother LOL” and another read, “It could get me jailed”.
Other messages were about him not having on underwear and asking to see naked photos of her.
‘Bit of banter’ excuse
In his evidence, McGowan said when his messages were read out in court he “felt very uncomfortable” but claimed it was “just a bit of banter and jokes” and it “wasn’t sexual.”
He said of his texts about not wearing boxer shorts: “It wasn’t appropriate.
“I can’t deny that but it wasn’t sexual.”
In her evidence, the girl said she had sent naked photos but McGowan denied this.
She also said he used code words in his messages such as “stickers”, which meant kisses.
‘Witch-hunt’ claim
McGowan told the court he had lost his business as a result of a “witch-hunt” against him, including on social media.
Sheriff Hall told McGowan he rejected his evidence and found the young girl to be a “credible and reliable witness”.
Prior to McGowan being sentenced on Thursday, his defence lawyer Dewar Spence said his client continues to deny responsibility for the offence.
The court heard McGowan has a criminal record but not for anything similar to the current offences.
‘Catered with Love’ was a shop specialising in waffles, milkshakes, pancakes, churros, cakes and 30 different flavours of ice cream.
The shop grew out of a catering business which saw McGowan and his business partner turning out up to 500 cheesecakes a week.
The business also catered for weddings, functions, birthdays and anniversaries.
Companies House states the business was dissolved on March 22.
For the latest court cases across Tayside and Fife, join our dedicated Facebook page.
