A man who sexually assaulted a woman in Fife while she was incapable of consenting has been jailed.
Peter Dale carried out a “predatory assault” on the victim, who was unknown to him before the day of the attack.
The 61-year-old was acquitted of rape but found guilty of sexually assaulting the 20-year-old victim at a house in Dunfermline on November 28, 2022.
He was jailed for three years and nine months at the High Court in Edinburgh on Friday.
The court heard how the woman had gone out to meet a relative and friends at a pub in Dunfermline and Dale, who she had not previously met, was in the bar. She thought he was in his mid 60s.
After drinking at the pub, she went with her relative and Dale to her relative’s home, where her relative said she did not feel well and went upstairs.
The woman said Dale told her she had “a good looking body” and that she was “a pretty girl”.
She said his remarks made her feel uncomfortable, and she went to check on her relative, who was asleep.
She returned downstairs to finish her drink and leave the property.
She said Dale’s behaviour was “creepy almost” and said: “He is a much older man. I am a young girl. He was making me feel uncomfortable.
“I think he may have made contact with my knee, with his hand on my knee. I finished what was left or attempted to. I don’t remember after that. The next thing I remember is waking up at 7.30 in the morning.”
She said she was on a bed in a spare room with the naked figure of Dale lying sleeping on the bed.
The woman said: “I was very scared. I was very confused. I was upset. I knew there was something wrong. I just wanted to get out of the house as soon as possible.”
She went to her family home, spoke to her mother, and told her she felt she had been interfered with.
Dale, formerly of Dunfermline, had denied assaulting and raping the woman.
A judge told Peter Dale that he had carried out a “predatory assault” on the victim, who was unknown to him before the day of the attack, and had no sexual interest in him.
Lord Cubie said: “You partially undressed her and assaulted her, and this can only have been done for your own sexual satisfaction.”
The judge said at the High Court in Edinburgh that the offence was “a gross violation of the complainer’s sexual autonomy” and has impacted on the victim.
He said in a background report prepared on Dale that he continued to deny the crime.
Lord Cubie told him: “The reality is you just have not faced up to what you did.”
Defence solicitor advocate Jim Stephenson said Dale was a first offender who has worked since the age of 15 and helped look after his mother.
He said Dale was drinking continuously on the weekend of the offence. Mr Stephenson said: “He says he intends not to consume alcohol upon his release.”
The judge made a non-harassment order prohibiting the defendant from contacting or attempting to contact the victim for ten years.
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