Stuart Kennedy was convicted at Aberdeen Sheriff Court of two offenses under the Sexual Offenses (Scotland) Act 2009 after a hen party incident where he engaged in non-consensual physical contact with two women.
He received a community payback order with 12 months of supervision and appealed, arguing that the trial sheriff misinterpreted what constitutes “sexual” touching.
During his performance, Kennedy, dressed as a firefighter, thrust his body against the complainers despite their objections.
The trial sheriff found that neither woman consented to the touching.
The appeal court held that the touching was objectively sexual in nature and rejected Kennedy’s claim that his actions were part of a lawful entertainment performance.
The court emphasised that sexualised entertainment is still sexual, and that consent is crucial in determining criminal behaviour.
Ultimately, the appeal was refused, upholding the conviction and the sheriff’s assessment of the non-consensual nature of Kennedy’s actions.