A Fife chip shop worker took “intimate” photographs of two women without their consent and posted one on a pornography website.
Burntisland man Michael Foy was found guilty after trial of posting images of a woman to an X-rated website
He told a court one of his victims was the guilty party.
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 the other woman had then posted the photo, along with photos and videos of herself, on porn website XHamster, 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 majority of jurors agreed he took a photograph of one woman while she was naked and without her consent.
An allegation he posted it online was not proven.
All jurors agreed he took a photograph of another woman while her breasts were exposed without her permission and the majority agreed he then posted that image on the publicly accessible website.
The offences took place between 2017 and 2020.
Dunfermline Sheriff Court heard Foy had previously been convicted of a domestic offence towards one of the women.
Foy, of Silverbarton Terrace, Burntisland, was placed on the Sex Offenders Register.
Offender’s ‘farcical’ trial evidence
Foy took to the witness box to give evidence in his own defence during the trial.
Asked by defence agent Miss Allan 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 on XHamster and they had edited them together.
He conceded he had taken the photo of the second woman with her breasts bared 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 out the first woman was unlikely to get wrong details on the picture – including her own bra size.
He said the descriptions on the content included derogatory terms, such as “fat”, that the woman was unlikely to have used about herself.
He also told Foy it was “farcical” to claim he did not know how to upload content to the porn website but was able to use dating app Plenty of Fish, where he said he had met the second woman.
Bail warning
After conviction, his solicitor Aime Allan asked for her client’s bail to be continued until reports were written before his sentencing date next month.
She said the father-of-three is working seven days a week in a chip shop and has had no issues complying with bail conditions for almost two years.
Miss Allan said: “Clearly, his version of events were given and they were not accepted by the jury.”
She added he accepted taking the photograph of the second woman and “has shown genuine remorse in relation to that charge.”
“He understands that these are serious matters.
“He accepts that it was a stupid decision on his part and he should not have done that.
“He understands it has been extremely distressing and he regrets his actions.”
Sheriff Charles Macnair QC allowed Foy his liberty but said: “These are serious offences.
“The continuation of your bail is no indication of what will happen at the end of the day.”
The sheriff continued consideration of imposing non-harassment orders to protect both women.
Foy will be sentenced on March 7.
