ARBROATH THEATRE HELPER FOUND GUILTY OF SEXUAL MISCONDUCT TOWARDS TEENAGERS
An 82-year-old Arbroath theatre helper is on the sex offenders register after being found guilty of sexual misconduct towards two teenagers at the venue where he volunteered.David Ferguson, a production support assistant at the Abbey Theatre in Arbroath, stood trial denying the sexual assaults.
Forfar Sheriff Court heard Ferguson was a “grandfather figure” at the entirely volunteer-run theatre on Abbot Street.
Neither of Ferguson’s victims can be identified for legal reasons.
After the evidence concluded, prosecutor Jill Drummond told the court: “He was an adult of older years who was there and portrayed as a grandfather figure.
“Although they gave him cuddles, they felt they couldn’t say no.
“He was an adult.
It’s not just the age difference.” ### ‘Vulnerability taken advantage of’ After going off the bench for more than half an hour to consider her verdict, Sheriff Clair McLachlan found Ferguson guilty of three charges.
She said: “Firstly, I don’t need to be satisfied that you carried out these actions, if you did, for sexual gratification.
“The test is an objective one – behaviour is to be regarded as sexual if a reasonable person would, in all the circumstances, consider it to be sexual.
“A kiss can be considered sexual if to goes beyond a demonstration of affection.
“An elderly male kissing a young, unrelated female does go beyond a demonstration of affection.
The same logic can be applied to a hug.
“Both complainers gave evidence about lingering hugs lasting for several seconds.” ### The sheriff noted one teenager told the trial she felt unable to say no and sometimes redirected Ferguson’s kisses, which were aimed for her lips, towards her cheek.
She also noted the “significant age gap” and “disparity in position of trust”.
“True consent is not present where the vulnerability of the complainer has been taken advantage of by the offender,” Sheriff McLachlan said.
“This complainer was young, she was naïve, she was well-meaning, she was anxious not to offend somebody – she regarded (the accused) as a grandfather figure.
“I found both of these witnesses credible and reliable.
The evidence was measured, it was fairly-given, it was consistent throughout.” ### Fergusson was found guilty of engaging in sexual activity towards one girl, in her mid-teens, during 2022 and 2023.
He kissed her on the lips and repeatedly hugged her without consent.
He was also found guilty of sexually assaulting a teenager of similar age in December 2022 and the following December.
In 2022, he repeatedly kissed her on the lips and cheek and hugged her without consent.
The following year, he attempted to kiss her on the lips without consent.
He has a single previous conviction and was placed on the sex offenders register.
He will return to court in January for sentencing after background reports and a risk assessment.
The court described his explanation about a specific incident on December 16 as unsatisfactory and found the evidence proved beyond a reasonable doubt that Ferguson committed these actions.
