A hairdresser who was sexually assaulted by an 85-year-old has told a court of the “devastating impact” the incident has had on her life.
James MacDonald, 85, grabbed the woman’s breasts in the middle of the salon, leaving her feeling “violated and physically sick”, Elgin Sheriff Court was told.
The woman has been left needing counselling after the bizarre incident where she was presented with a bag of tomatoes before the OAP groped her breasts.
Returning to court for sentencing, the pensioner heard how his behaviour impacted the woman involved.
Fiscal depute Emma Petersen said: “She would like the sheriff to be made aware of how upsetting this us been for her.
“It has had a devastating impact on her well-being and mental health, her day-to-day life, her work life and her own personal relationships.
“As a result of the offence she is awaiting counselling.”
A previous court hearing was told the incident occurred on either August 4 or 5 last year when MacDonald walked into the business and was told he didn’t have an appointment there until the following week.
‘I would like to do more than that’
“The accused replied that he had come to see her,” fiscal depute Shamielah Ghafar said. “The complainer said he was very focused on only her.
“He then leaned in and pulled free a strand of hair that was stuck on her lip gloss.
“The complainer told him ‘Look at you, trying to look after me’ to which the accused replied ‘I would like to do more than that’.
“The complainer perceived this comment to be of a sexual nature.
“The accused told her he had a gift for her and handed her a white bag containing tomatoes.
Grabbed her breasts after presenting tomatoes
“The accused then went in for a hug and when releasing his hands from her back slipped his hands to her front and cupped both of her breasts.
“He shook his hands causing her pain.
“The complainer didn’t know what to do. She felt violated and physically sick afterwards.”
MacDonald’s victim spoke to her colleague afterwards and she said she didn’t wish to cut his hair anymore.
The pensioner admitted the sexual assault charge at the first opportunity.
Defence agent Matthew O’Neill said his client had made himself look an “extremely foolish older gentleman”.
‘He feels truly awful’
“He is 85 and has never been in any trouble before now,” he said. “I would be confident going forward he is not someone who we are going to see coming before the court again.”
The solicitor added: “He knows his behaviour was unacceptable and truly feels awful about what took place at the barber that day.
“I think we, unfortunately, have an older man who has misread a situation in an extremely unfortunate fashion.”
Sheriff Olga Pasportnikov handed MacDonald, of St Catherine’s Place, Elgin, a 12-month supervision order and placed him on the sex offender’s register for the duration of that order.
He must complete a sex offender rehabilitation programme.
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