A sex attacker who raped a sleeping woman has been jailed for five years.
Ryan McConville sexually assaulted his victim at a house in Musselburgh, in East Lothian, when she was asleep and incapable of giving or withholding consent.
McConville, 29, of Ashgrove, Musselburgh, had denied the charge at an earlier trial but was convicted of the offence committed on November 1 in 2020.
His defence solicitor advocate James Keegan KC told the High Court in Edinburgh: “Unsurprisingly, the accused maintains his position.”
A judge told McConville that he had no doubts about his previous good character and said he appeared to have been a hard working, responsible young man.
Judge Michael O’Grady KC added: “However, you will understand it is a statement of the obvious to say rape is rape.”
The judge said that balancing all he knew of the circumstances of the offence and McConville’s personal background he would fix the sentence at five years’ imprisonment.
He made a non harassment order banning McConville from contacting or attempting to contact his victim for ten years.
The judge also told him he would be placed on the sex offenders’ register indefinitely following his sentencing.
McConville, who followed the sentencing proceedings via TV link to prison, was told his jail term would be backdated to May 9.
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