A Fife massage therapist has been found guilty of sexually assaulting a female client by touching her breast with his mouth.
Mark Robertson was giving a massage to a woman in her 20s at his home on February 9 this year.
A trial at Dunfermline Sheriff Court heard she was lying on her back when 32-year-old Robertson’s technique caused her to arch her back in discomfort.
The woman, whose eyes were covered with a pillow, described feeling a wet mouth on her breast.
Prosecutor Catherine Stevenson told the court: “She stated that during this time the accused started breathing heavily and pulling her into him and then touched her breast with his mouth, without her consent.
“She immediately reacted and asked the accused what he was doing, which emphasised this was contact which was not consensual.”
Ms Stevenson said Robertson immediately apologised and the woman only accepted this because she was in his house.
Afterwards, she phoned a friend in a state of panic and distress and then spoke to her mother.
The fiscal depute said the woman gave evidence Robertson’s actions were intentional.
Conflicting evidence
Robertson, of Seafire Place, Dalgety Bay, had denied the sexual assault allegation and claimed contact was accidental with the “side of his face” and not his mouth.
Under questioning from Ms Stevenson, he said his positioning was a “slight lean” but he maintained distance from the woman and the reason contact happened was because she arched her back.
He said he was only massaging parts of her back that were available to him.
He said he was “as careful as he could be” during the massage, adhered to training, checked on her comfort throughout and there was “no way” he could have anticipated the woman arching her back the way she did.
He said he was facing towards the wall, in line with training, and could not have anticipated a covering towel slipping to expose her breast.
He said he realised the slip had happened when she said “excuse me” and looked embarrassed, then he apologised and asked if she wanted the treatment to continue.
Robertson, who the court heard had only massaged between five and ten people prior to the incident, also sent the woman an apology message afterwards for providing an unsatisfactory service.
Guilty
In her closing submission, defence lawyer Heather Morrison said unexpected contact in this case would be upsetting and embarrassing and suggested it would be easy for the woman to “jump to conclusions in the moment”.
The solicitor said the woman’s eyes were also covered at the time and she was unable to see Robertson when the contact took place.
Ms Morrison argued the physical contact was accidental and said there is “significant room for doubt” as to any criminal intent.
Sheriff Francis Gill said he found the woman’s evidence was given in a straightforward manner and both credible and reliable.
He said he did not find Robertson’s explanation plausible and found him guilty of the sexual assault.
Sentencing on first offender Robertson was adjourned until November 29 to obtain background reports and his bail was continued.
The sheriff placed Robertson on the Sex Offenders Register meantime.
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