A Fife masseuse who sexually assaulted a client has lost his job, wife and home.
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.
He was found guilty of sexual assault after a trial.
Maintains innocence
Robertson, of Dalgety Bay, returned to the dock this week to be sentenced after social work reports were prepared
His solicitor David McLaughlin said: “My Lord will see his previous work ethic. He’s someone who, in the past, always tried to challenge himself.
“Mr Robertson maintains his innocence.
“He’s had some personal difficulties.
“Mr Robertson is 32, he is a first offender, he has nothing before the courts other than this.
“It is a serious matter. There are aggravating factors.
“Mr Robertson was in a position of trust.
“The victim was in a vulnerable position.
“Because of that, notwithstanding his position as a first offender… this is a matter which crosses the custody threshold.”
Trial evidence
At the conclusion of the trial, Sheriff Francis Gill said he found the woman’s evidence was given in a straightforward manner and both credible and reliable.
Prosecutor Catherine Stevenson previously told the court: “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 but the distressed woman reported him.
Robertson claimed contact was accidental with the “side of his face” and not his mouth.
The court heard Robertson 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.
Sheriff Gill said he did not find Robertson’s explanation plausible and found him guilty of the sexual assault.
Lost everything
Mr McLaughlin continued: “Because of what he has been found guilty of, Mr Robertson has begun to lose much of his life.
“The first of those things was his job – it was a good job.
“However, that was lost because of the actions he was found guilty of.”
Mr McLaughlin said that Robertson’s marital difficulties have been “exacerbated” and he and his wife now live apart.
“The mortgage that he has with his wife, he is unable to keep up repayments.
“A process has begun whereby the house will be sold.
“In effect, he’s lost his job, his marriage and his house.
“His reaction was to step away from matters and apologise to the complainer.
“That might tell My Lord that this was a fleeting incident which Mr Robertson regrets deeply.”
Register
Sheriff Francis Gill placed Robertson under supervision and on the Sex Offenders Register for six months.
He said: “Mr Robertson, as I explained to you at the day of the trial, I did not believe your version of events.
“It was clear from her evidence that she was extremely frightened and distressed by the incident and that had a big impact on her.
“Although this is your first offence, it is a serious matter.
“Having regard to what’s been said on your behalf today, I am persuaded to follow the recommendation in the criminal justice social work report.”
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