Record details
A male stripper who "jiggled the breasts" of a solicitor during her hen party has been found guilty of sexually assaulting the bride-to-be.
Stuart Kennedy, 42, has been placed on the Sex Offenders Register and warned he could face prison after a sheriff noted his previous similar conviction.
Sheriff Paul Reid told Kennedy that his act itself would not have been criminal with consent, but he lacked it here. The victim testified she vomited after the assault.
The sheriff found Kennedy guilty of two charges at Perth Sheriff Court: "I am satisfied he did touch her breasts. Her evidence was clear and corroborated.
"Witnesses spoke to being taken aback by what happened. There was the complainer's evidence of immediate distress that brought the whole show to an end.
"I do not accept he could have had reasonable belief he had consent. It was clear she was deeply uncomfortable with the performance.
"Nothing could have given him the impression she consented to being touched in that manner. His activity towards the complainer from when she sat in the chair in the middle of the room was plainly sexual.
"She did not give her free agreement to what happened, simulated oral sex, being made to drink out of a penis-shaped straw, or touching his fake penis.
"I am not satisfied he took any reasonable steps to ascertain consent was continuing throughout his performance."
He added: "It is a narrow decision. On the facts of this case he did not have consent for what he did. If she consented, or he had reasonable belief that she did, no crime would have been committed.
"The onus is on the person in Mr Kennedy's position to check they have consent for what they are doing. He did not do what was required of him by law."
Sentence was deferred for reports, with bail continued. The sheriff rejected a Crown motion to ban Kennedy from stripping as a bail condition.
Kennedy, who runs Alpha Male Strippers and Buff Butlers Aberdeen, described hiring his firefighter act as "a beautiful gift" and claimed over 4,000 shows in 19 years as a "professional entertainer."
He said: "I see my work as a craft. It's a premium service. I do it to the absolute best of my ability. No-one's ever stormed off. I've never had a show been stopped."
Calling himself "a consummate professional," he added: "It is all about reputation and you have to be spotless. Your reputation is so important to you and I have only ever had nothing but good reviews."
However, fiscal depute Jennifer Bairner referenced his prior conviction for an identical offense in his firefighter persona.
"Have the High Court of Justiciary given a 'review' of one of your performances?" she asked. "Has that impacted on your business?"
Kennedy replied: "It was widely reported. If anything it boosted things."
He claimed the bride-to-be was "raging" at first but later engaged, describing her as "no shrinking violet" and "quite a force to be reckoned with." He believed consent ended only when she fled to the bathroom.
Kennedy, from Bridge of Don, said he adapted his act for her size, denying breast contact: "She jiggled her arms a bit which - in a larger woman - can cause jiggling. I didn't touch her breasts. That could be suicide and ruin the business. One bad review and it's over."
He admitted being asked to leave before undressing and suggested her breasts moved during a YMCA routine.
The 32-year-old solicitor said she became hysterical and vomited after Kennedy "jiggled her breasts" at Crieff Hydro on March 22 last year.
She was "shocked" and "froze" when he burst in, feeling forced to participate after her sister secretly arranged it.
She repeatedly said "no thank you"âwhich Kennedy confirmedâbut he continued despite her discomfort.
"The door burst open and slammed hard against the opposite wall. A man dressed in a firefighter's uniform came in," she said.
"I began to realise he was there as some form of entertainment. I started crying and panicking. Eventually I understood he was there for me as he asked who the bride was.
"I decided I had to grin and bear it and go through it. It's not my preference, that kind of activity. I didn't think I was in danger, just that it would be unpleasant and not to my taste.
"Me storming off felt like it would be an over-reaction," she explained, noting 15 guests at the prosecco and pizza party.
"I wasn't fully appreciating what he was doing. I was just in shock. His crotch was within half a foot of my face. I was trying to communicate that I was not a willing participant.
"I was just cringeing away from him constantly. His first move was to make me simulate giving him oral sex.
"I started to comply with him because I didn't know what he was going to do next. He still had his trousers on. He had sewn a fake erection into the crotch. It felt like a bean bag."
She said Kennedy "violated" her, licked her nose unintentionally while simulating a kiss, then grabbed and jiggled her breasts: "He saw some of the girls gasp. By now they were all panicking.
"When he was not near me I bolted towards the door. I made it to the bathroom. I was physically sick. I vomited in the toilet. I was crying hysterically and screaming and grabbing my hair."
Her younger sister stated: "He put his legs over her and did a Magic Mike sort of thing. He got his waist close to her face.
"He was dry humping her while she was sat down. She was visibly upset and left. I think the way he stormed in gave us a fright and this triggered her.
"I enjoyed myself and I don't remember anything you wouldn't expect from a stripper at a hen party."
Kennedy was convicted of shaking the woman's breasts and making her drink through a penis-shaped straw, plus intentionally causing her to participate in sexual activity by sitting on her and forcing her to handle a fake penis.
He has appeared on breakfast TV as an unregulated sperm donor and was cleared of rape at Aberdeen High Court in June this year.
