The appellant was convicted in the sheriff court for two charges of sexual assault under the Sexual Offences (Scotland) Act 2009, stemming from actions performed during his male stripper act at a hen party.

He was sentenced to a 12-month community payback order with supervision. The charges involved the appellant sitting on one complainer’s lap and attempting to embrace her, and rubbing his body against another complainer. On appeal, the appellant argued that the touching was not “sexual” and therefore did not amount to sexual assault, citing factors such as the event being a comedy strip show and the host having hired him.

The Sheriff Appeal Court rejected his appeal, ruling that the nature of the performance was inherently sexual and that motivation did not affect whether the conduct was sexual. On further appeal to the High Court, the court upheld the decision, emphasising that the question of whether the touching was “sexual” is based on whether a reasonable person would find it sexual, considering all circumstances, including the nature of the performance and the lack of consent from the complainers.