“An unusual relationship is not a criminal one” a jury was told as the defence of a Fife man accused of sexually assaulting three girls was summed up on Friday.
The jury has retired to consider its verdict in the case of former lorry driver Gary Hempseed, of Skye Road in Dunfermline.
The 57-year-old is facing nine charges relating to three individuals.
One of the complainers claims Hempseed sexually assaulted her at his home on November 17 2019.
However, Hempseed insisted this conduct with the 16-year-old was consensual.
Hempseed told the court he thought she was “18, 19 or maybe 20” as she had been going to a club for a couple of years.
Summing up the defence as the trial closed on Friday, solicitor Aime Allan stressed the actions Hempseed does admit carrying out were all consensual.
She said: “The word unusual has been used to describe Mr Hempseed’s actions throughout this trial.
“An unusual relationship is not a criminal one.”
Defence witnesses
The court had heard defence witnesses gave evidence and in his closing speech, depute Fiscal Jamie Hilland said while they were regularly in the company of Hempseed and at least one of the complainers, they were not present often enough to say with certainty the alleged incidents did not happen.
He said to the jury: “Ask yourself, why would these girls come to court and make this up?”
“Why on earth would they make these things up?”
The charges
Hempseed denies charges of using lewd and libidinous practices towards a seven or eight-year-old girl on an occasion in 2007 or 2008, touching and rubbing her stomach and inducing her to tickle his naked stomach.
He also denies sexually assaulting her by repeatedly slapping her on the buttocks above her clothing and making sexual remarks towards her before she turned 13.
It is alleged such sexual behaviour also happened on various occasions between August 7 2013 and August 6 2016.
After the girl had turned 16, Hempseed is accused to have sexually assaulted her by continuing the slapping and comments and thrown cigarettes into her cleavage.
A second girl, who also cannot be named for legal reasons, alleges Hempseed repeatedly induced her to tickle his naked stomach and repeatedly slept naked in bed beside her while she was between the ages of 13 and 16.
On one occasion between 2018 and September 2019, he is accused of sexually assaulting her by using another man’s hand and forcing it to touch her body near her naked genitals while they were in a hot tub.
He further denies sexually assaulting the third girl and taking an intimate picture of her.
The trial at Kirkcaldy Sheriff Court is expected to end on Monday.
