Window cleaner convicted of sexual assault
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A North window cleaner sexually assaulted an 87-year-old woman at her Dornoch home over a period of 18 months when she was suffering from dementia.
A jury watched footage filmed by David Carey after he recorded himself massaging the breasts of his victim the day after Donald Trump’s election as President of the United States.
But the woman, who lived at home, seemed oblivious to the election in the video, which was played in a closed court before a jury of nine men and six women.
Carey, of Lamington, by Kildary, denied sexually assaulting the now deceased woman by touching her naked breasts and genitals and recording it for his own gratification.
He had lodged a special defence that what took place was consensual.
Defence agent Neil Wilson told jurors that Carey, when interviewed by police, had told them he had an eight-year “relationship or arrangement” with the woman, providing her with massages by consent.
Detective Constable Christopher Robertson (49) said they found the video recording on an iPhone which had been downloaded to a laptop at Carey’s home.
Carey claimed he trained as a massage therapist at Inverness College more than 17 years ago and offered a full range of techniques including a “sensual massage”.
He said the woman, who lived in Dornoch, was a client on his window cleaning round and he carried out the massages on her without charge if he had time to spare.
He told police: “She always wanted more. Just because someone is old doesn’t mean they don’t want certain things.”
Carey claimed he made the recording because he wanted to check his posture because he was having problems with his back and said he always deleted the recordings.
Asked by depute fiscal Robert Weir if the fact she was unaware of Mr Trump’s election raised concerns about her mental capacity, Carey replied: “Not at all. That was the type of massage she wanted and that’s what she got.”
In evidence, Dornoch GP Fraser Nicol (33) said the woman had been a patient with his practice for many years and was diagnosed with vascular dementia in May 2015.
But it was a progressive illness and she had been showing signs of the illness, which includes significant cognitive function and memory loss, for some time.
The woman went into a home and died in 2017 aged 88.
Mr Nicol said: “By May 29, 2015 she was exhibiting significant signs of cognitive impairment and to the lay person, I would have thought it was obvious there was something significantly wrong with her at that point.”
Mr Wilson told jurors: “I ask you to consider that even if she’s been diagnosed with dementia in 2015, his belief in her consent was a reasonable one.”
The jury took nearly three hours to return a majority verdict.
Sheriff Gordon Fleetwood heard Carey was a first offender but given the vulnerability of the complainer, said he would be hard pressed to see anything other than a lengthy custodial sentence being appropriate.
Sentence was deferred for background reports and Carey was granted bail until April 18.
