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Fife sex predator jailed for attack on sleeping woman

Edinburgh High Court.
Appleby was sentenced at the High Court in Edinburgh.

An opportunistic sex predator who raped a woman when she was asleep and vulnerable has been jailed for six years.

Dwain Morgan carried out the sex attack on his victim at a house in Kelty, in Fife, where the woman had gone to sleep before waking to find him assaulting her.

A judge told Morgan, 31, that the victim has gone on to rebuild her life and shown admirable strength of character.

Lady Scott added: “You show no signs of addressing your conduct other than your apparent acceptance of guilt, as indicated in the social work report.”

History of violence against women

The judge said Morgan had “a prolific criminal record”, including for assaults, and said the background report prepared on him suggested he posed a risk to women.

She said: “The concern with the record is violence and there is violence against women in it.”

Lady Scott said it was clear he had shown no consideration for the victim who he saw was vulnerable and asleep.

The judge told him that following his sentencing at the High Court in Edinburgh he would be placed on the sex offenders’ register indefinitely.

Morgan, formerly of Erskine Wynd, Oakley, had earlier denied raping the woman on September 19 or 20 in 2019, but was found guilty of the sex crime, which was committed when the woman was intoxicated and incapable of giving or withholding consent.

The woman told the court that she had gone to sleep after drinking, but woke up to find Morgan raping her.

She said: “When I woke up his arm was covering my lower left breast. I was raging beyond words. I was incredibly upset.”

She denied that the sex was consensual and told jurors at Morgan’s trial: “I was fast asleep.”

Defence solicitor advocate Gordon Martin said that although Morgan has still not shown any empathy for the victim “he does, at least to some extent, accept his guilt”.

He said that although Morgan had a substantial criminal record he has only served one custodial sentence previously.