A pensioner has been convicted of sexually assaulting a woman while she was working in a Fife home.
Antonio Ferraro, 67, admitted kissing the woman on the lips but insisted his actions were consensual.
However, his victim disagreed, with Dundee Sheriff Court hearing how Ferraro knew she had a “phobia” of kissing.
A sheriff found Ferraro, of Balmullo, guilty of carrying out the attack on November 26 last year.
He has now been placed on the Sex Offenders Register.
In her evidence, the woman – who had supported Ferraro’s daughter – said she had been feeling unwell on the day in question.
Ferraro had encouraged her to sit down on a sofa, closing the door before grabbing her head and kissing her on the lips.
Giving evidence, Ferraro, originally from Italy, said: “I used to kiss her every day – it was in a playful way.
“I did kiss her on the lips. It was not French or anything. A kiss is not really the end of the world.”
Defence solicitor Kevin Hampton asked Ferraro whether she was happy for him to kiss her and the pensioner said: “The reaction was a smile.
“I did not hug her, she hugged me and I went to sit on the sofa.”
Kiss evidence
Ferraro attempted to address Sheriff Paul Brown about matters relating to the incident but was eventually rebuked.
Under cross-examination from fiscal depute Kate Scarborough, Ferraro said he knew the woman had a phobia of kissing after an incident in which she was kissed by a friend.
“She said she went on holiday and a friend tried to kiss her on the lips.
“I said it was good she had some experience and nothing did happen. It went away, that’s all.”
Ferraro’s account in his initial police interview differed to that offered in court, having previously said he kissed the woman on the cheek.
Guilty
Addressing Sheriff Brown, Ms Scarborough said: “The evidence of the complainer is she was talking about continuing with her job, despite feeling unwell.
“There is nothing suggested by the complainer that would lead to there being a reasonable belief of consent.
“In the police interview, the explanation has been put forward and it is described as a friendly kiss on the cheek.
“My submission is it wasn’t a friendly kiss and amounts to a sexual assault.”
Ferraro was found guilty by Sheriff Brown of sexually assaulting the woman by seizing her face, kissing her on the lips and hugging her on the body.
Sentence was deferred until later this month for reports to be prepared.
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