A Fife spray painter who raped a woman as she slept has been jailed for five years.
Daniel Ross, 36, was convicted following a trial at Edinburgh High Court but continued to protest his innocence.
Ross, was found guilty of raping the woman while she slept at an address in Glenrothes on February 2019.
Sentencing, Lord Braid said messages between Ross and his victim proved she would not have consented to sex, even if she had been awake.
He said: “Although you continue to maintain your innocence, you were convicted by a jury of raping the complainer while she was asleep.
“On her evidence and indeed, from one of your messages at the time, you were fully aware she did not wish to have sexual intercourse with you, even if she had been awake.”
He noted Ross’ previous convictions were not analogous, took place some time ago and were of decreasing severity.
However he said he had no alternative but to impose a custodial sentence.
Spray painting
The court heard the conviction would impact on Ross’ plans to set up his own spray painting business.
Krista Johnston, acting for Ross, said he had been working to get his life back on track following convictions in his youth.
She said: “The accused has accepted the jury’s verdict but continues to deny it, according to the report.
“It is a single incident, it’s not aggravated, it’s brief.
“In his youth it’s fair to say he lost his way for a bit and was lacking in focus and direction.
“Following custody, at 30, he went back to college.
“He has found his vocation as a spray painter.”
She said Ross, who is originally from Wales, had planned to set up his own business but that would now not happen in the near future.
“The stigma of this conviction will be with him forever more,” she said.
In addition to the custodial sentence, Lord Braid placed Ross, of Keith Drive, Glenrothes, on the Sex Offenders Register for an indefinite period.
