A married Aberdeenshire care home worker sexually assaulted his female colleagues for years – leaving them feeling embarrassed, intimidated, shocked and upset.
Michael Findlay repeatedly slapped and grabbed colleagues’ bums over nearly two years.
The 60-year-old sex pest was sacked when his brave victims spoke out and reported him to management and then the police became involved.
Findlay later appeared in the dock at Aberdeen Sheriff Court, confessing his crimes.
Fiscal depute Victoria Kerr told Aberdeen Sheriff Court that, after some time working together, Findlay began to touch his first victim without her consent.
One victim dutifully completed her shift before bursting into tears in her car
The prosecutor said: “On a number of occasions, he would squeeze behind her in the corridor and, as he did, he would put his hands on her waist or brush her across her buttocks.
“She knew this was intentional as he would make comments such as, ‘I need to
squeeze past that big bum’.
“She felt extremely uncomfortable regarding this behaviour, but felt she could not do anything about it, as she found the accused intimidating and knew that her superiors were friendly with the accused’s wife.”
On one occasion, the woman was at a nurse’s station when Findlay approached her from behind and “slapped and grabbed her buttocks with both hands”.
The woman “froze” and stood completely still, not knowing how to react, and Findlay walked off.
For the rest of her shift, she tried to avoid Findlay and once she finished and was sitting in her car burst into tears.
She told a family member what happened but did not feel able to disclose it to anybody else.
Michael Findlay brazenly assaulted woman in front of care home residents
However, a few weeks later, as she was leaving at the end of her shift, Findlay walked up behind her and slapped and grabbed her buttocks with both hands before walking off.
Feeling distressed, the woman again told a family member.
Meanwhile, another female colleague was also being physically touched without her consent.
As with the first woman, Findlay would walk past her and brush his hands against her waist or buttocks.
On one occasion in the dining room, she bent down to pick something up and Findlay swatted her buttocks using a clipboard.
“He did this in front of a number of residents in the dining room and the woman felt he was intentionally trying to embarrass her.
“He would touch her in a similar manner on a regular basis,” Ms Kerr told the court.
Eventually, the woman spoke to a colleague about Findlay’s behaviour and reported him to management.
‘He’s embarrassed and ashamed of his behaviour’
When the first victim became aware of this, she also reported what had happened to her.
Findlay was suspended while an internal investigation was carried out.
Ms Kerr explained: “After the investigation, he did return for a period of time, however, his employment was later terminated after it was established that his actions amounted to gross misconduct.
“Police were subsequently made aware of matters.”
Findlay, of Union Street, Brechin, pled guilty to two charges of sexual assault committed over almost two years.
His defence agent Liam Mcallister said his client, who was a first-time offender, had lost two jobs due to his offending and would never be able to work in the care sector again.
He added that Findlay’s physical and mental health had deteriorated since the offences.
“Mr Findlay has recognised where his behaviour fell below the standard expected,” Mr Mcallister explained, adding: “He’s embarrassed and ashamed of his behaviour.”
Sex offender spared jail after sheriff said he had ‘suffered’ enough
Sheriff Lesley Johnston told Findlay: “The complainers in this case were your colleagues.
“Your behaviour towards them continued over a period of nearly two years during which time you continually sexually assaulted them by touching and slapping them on the buttocks.
“Despite having no previous convictions, your behaviour was such that it easily meets the custodial threshold.
“I have no doubt that you caused these complainers harm.
“The first woman was intimidated, shocked and upset. The second thought you were intentionally trying to embarrass her.
“You are suffering considerably ill-health both physically and, to a lesser extent, mentally.
“You have suffered the embarrassment of this case being brought to court and suffered to a significant extent in losing your career.”
As a direct alternative to custody, she ordered Findlay to be supervised for six months and placed him on the sex offenders register for the same period.
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