A tailor has been found guilty of indecently assaulting a woman during a dress fitting, hugging her while she was undressed and nuzzling into her neck.
Mohammad Younes Sarvari, aged in his 40s, is the owner of Alterations Now in Tuggeranong.
On Wednesday, magistrate Glenn Theakston found the tailor guilty of two counts of committing an act of indecency on a person without consent.
Sarvari was found not guilty of using a carriage service to harass, as well as a further two counts of committing an act of indecency without consent.
He faced a three-day hearing in the ACT Magistrates Court having previously denied the charges.
Mr Theakston found that in November 2022 the victim visited Sarvari's business in order to alter a dress for an upcoming wedding.
During a fitting and alteration of the dress the same day, Sarvari made inappropriate comments to the woman including saying: "Your body is so sweet I might become a mosquito."
He also said words to the effect of "I love your body".
At one stage during the fitting, when the victim was wearing the dress, the man hugged her, placed his face into her neck, nuzzled and deeply inhaled.
"The hug comes without permission and is a surprise," Mr Theakston found.
Another time, she was naked except for her underwear when Sarvari pulled her towards him.
He then hugged the bare-chested woman, nuzzled her neck again and grabbed her "love handles".
After the dress fitting, Sarvari told the victim she did not need to pay for the alterations.
A series of messages, featuring three emojis showing a smiley face with hearts, Sarvari sent to the woman in the days afterwards were found to have been "bids for conversation", but did not constitute harassment.
Mr Theakston said he had "very, very strong hesitations" about the evidence Sarvari gave during the hearing.
The magistrate rejected parts of the tailor's evidence and found some of the man's statements "inherently implausible" while others "make no sense at all".
Legal Aid lawyer Edward Chen argued the victim may have "misinterpreted" Sarvari's actions.
"We all hug differently," Mr Chen stated.
"Hugs are not robotic where everyone goes in with a stiff neck."
The lawyer also argued his client's evidence may have been impacted by a language barrier and the need for an interpreter.
"We do not know the extent to which the language barrier impacted the way he was giving answers," Mr Chen said.
A prosecutor said the tailor's actions were "unjustifiable ... particularly considering his role".
"The complainant does not do or say anything, either by her body language or her words, to indicate consent," the lawyer told the court.
Sarvari is set to return to court in September for sentencing.
- Support is available for those who may be distressed. Phone Lifeline 13 11 14; beyondblue 1300 224 636; Canberra Rape Crisis Centre 6247 2525.
