A MAN was caught kissing the shins and thighs of a 90-year-old woman with dementia, a jury has been told.

Prosecutor Michael Rawlinson told Preston Crown Court Colin Sebastian Gibbs, 62, committed the sexual assault for 'his own sexual pleasure and gratification'.

While, not denying kissing the woman, who cannot be named for legal reasons, on the legs Gibbs said it was 'an act of sympathy' and was not sexual in any way.

And he told jurors that transcripts from a police interview in which he said he had kissed the woman three times, twice on the thigh and once on the ankle, had been 'fabricated' by officers.

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The court heard the victim, who is bedridden, spends the majority of her time in the downstairs bedroom of her Blackburn home.

Mr Rawlinson said she has a number of visits from carers and nurses throughout the day and it was during one of those visits on July 11, 2015, that Gibbs, of Luxborough Street, London, was 'caught in the act'.

Mr Rawlinson said: "The defendant is alleged to have kissed the victim on her legs.

"His case is that the touching and kissing was done as an act of affection and not with sexual motivation or intent behind it.

"The prosecution case is that on a day back in July 2015 and this defendant was affectively caught red handed. He was caught in the act of touching the victim in a sexual way.

"The prosecution says that given the victim suffers from dementia and given that she lacks the capacity to make meaningful decisions herself she did not and could not give consent to be touched in that way.

"He was taking advantage of of the victim's vulnerable state for his own sexual pleasure and gratification."

Mr Rawlinson said around 12pm on the day of the offence the victim was visited by two of her females carers.

As they entered the victim's bedroom they noticed she was sat up and the defendant was kissing her, the court heard.

Mr Rawlinson said: "The defendant, who seemed unaware of the presence of the carers, was either knelt or crouched down kissing her legs. He began kissing her on the mid-shin of the leg, moving up to her thigh area.

"Perhaps understandably, given what was occurring, it seems the defendant was surprised and startled by the arrival of the carers. He immediately began starting to justify his behaviour."

The court heard the victim had been laughing when Gibbs was kissing her but Mr Rawlinson said her illness meant she could not fully understand what was going on or the defendant's alleged motivations.

After witnessing the incident one of the carers contacted her supervisor to report the incident, who in turn called the police.

The court heard Gibbs told police he was 'messing around'.

But during cross-examination Gibbs said his words had been twisted by the police.

He said: "I was at college, I did tape editing and video editing. The police can put in what they want.

"I was feeling sorry for the lady and the way she had been treated.

"It was a sympathy kiss to say the physios would get her walking again.

He added: "From my point of view what I did was not inappropriate.

"What happened was not for sexual gratification."

Gibbs denies a single count of sexual activity with a person with a mental disorder impending choice.

(PROCEEDING)