A drug-addled Perthshire businessman was jailed for two years after filming the rape of a sex partner and sending footage to the victim.
Murray Clark committed the offence when the other man was unconscious and later apologised to him.
Judge Lord Sandison told the 48-year-old: “You pled guilty to having committed the crime of rape. That crime is always a serious one.”
However, he said there were “highly unusual circumstances” to the offence and it could properly be described as an aberration.
He said at the High Court in Edinburgh: “You have consistently expressed remorse and empathy for your victim, which I fully accept to be genuine in nature.”
The judge said when the victim accidentally became unconscious as a result of drug consumption, Clark had “simply carried on regardless”.
The court heard the first offender was assessed as posing a low risk of further offending.
Lord Sandison noted Clark, formerly of Braco, was “a very successful businessman” up until a series of adverse events in his personal life.
The judge told him he would have faced a three- year jail term but for his guilty plea to the offence.
Couple took drugs before offence
Clark earlier admitted raping the man while he was unconscious and incapable of consenting on May 17, 2020, at a flat in Glasgow.
Advocate depute Angela Gray said that at the time of the offence Clark was the CEO of his own company.
She said in February last year the victim and Clark met through the dating app Grindr and began a sexual friendship.
“They would meet at each other’s flats at the weekend, participate in recreational drugs and have sexual intercourse.
“This offence came to light after the accused filmed himself having sex with the complainer while the complainer was unconscious.”
The prosecutor said two days before the crime the men met up by arrangement.
She said: “Throughout the next couple of days they took a variety of recreational drugs and engaged in sexual activity.”
She said they took “liquid G”, also known as GHB, a drug which tends to lower inhibitions and can have a euphoric or sedative effect.
Miss Gray said on the day of the offence the men continued to consume “liquid G” and have sex and agreed to film themselves during it.
After making a short video they went into the kitchen and took more of the drug, with the intention of continuing to have intercourse.
Victim blacked out for half an hour
She said the next memory the victim had was about half an hour later.
Clark told him he had “looked after him” while he was unconscious and sent him videos.
The victim’s phone had no battery and the following morning he went home and charged his phone and saw five video clips.
He was lying naked and unconscious and was heard snoring during one piece of footage.
Clark later apologised to the man but in December, he went to a Glasgow police station to report the rape.
Clark was in Spain but returned and attended the police office.
Defence counsel John Scullion QC said: “The offence occurred then the complainer and accused were significantly under the influence of drugs.”
He said Clark bitterly regretted his behaviour and continued to feel shame and embarrassment.
Mr Scullion said that in 2019 Clark’s relationship with a long term partner ended and he later found out a close relative was terminally ill.
Clark was put on the Sex Offenders Register for 10 years.
