Man who sexually assaulted vulnerable woman at Dundee flat after night out jailed

A man who sexually assaulted a vulnerable woman after a night out has been jailed for two years.

Daniel Kaminski, 33, put his arms around the victim and sexually assaulted her at a flat in Dundee.

Kaminski, of Whorterbank, Dundee, earlier denied assaulting the woman when she was intoxicated with alcohol and asleep, but was unanimously found guilty of the offence by a jury at the High Court in Edinburgh.

A judge told Kaminski: “You have been convicted of sexual assault by penetration. The complainer at the trial gave evidence of what you did, which was corroborated by DNA evidence.”

Judge Thomas Welsh KC said: “The jury unanimously disbelieved your evidence that you did not sexually assault the complainer in this case. The harm that you have done is significant.”

The judge said that he was satisfied that if Kaminski was tried on his own, then the case would not have been brought in the High Court. A former co-accused denied raping the woman and was acquitted of the alleged offence.

He told Kaminski: “I take into account the fact you have no previous convictions and a good work record.”

The judge said: “I also have regard to the fact that your digital penetration of the complainer was brief and once she realised what was happening and jumped from the bed you immediately stopped your unwanted sexual advances.”

During the earlier trial, one witness said: “I remember saying to Daniel she is too drunk, just leave it.”

After the sexual assault, the woman got into a taxi, and the driver described her as crying and very distraught.

She had gone out for the evening in Dundee and continued drinking after going to the flat.

Advocate depute Gavin Dewar said the woman was subjected to a horrifying and opportunistic assault when she was vulnerable.

Defence counsel Colin Neilson said it was clear from a background report prepared on Kaminski that he continued to maintain his position at the trial when he denied the offence.

He said the first offender has led an otherwise prosocial and productive life and has worked in this country for about ten years.

Kaminski was told he would be placed on the sex offenders’ register for ten years. The judge previously issued a non-harassment order banning him from contacting or attempting to contact the victim indefinitely.