A “callous” sex offender who laughed in the face of an Angus woman after he raped her has been jailed for five years.
Donald Johnston, 38, attacked the woman, who cannot be named for legal reasons, at a house in Montrose this year.
The High Court in Edinburgh heard how the 50-year-old female previously had consensual sex with Johnson but he abused the woman after she had taken medication and had fallen asleep.
A jury convicted Johnston, who has 12 previous convictions for assault, of rape.
Johnston, a prisoner of HMP Grampian, had denied attacking the woman on March 12 at a house.
During the proceedings, the woman revealed the details of what happened to her at the hands of Johnston, who previously lived in the Aberdeen area.
She said that on the night she had been raped she had consensual sex with the man who attacked her.
She had gone to bed with him and had fallen asleep after taking medication, and woke when Johnston had gone to the living room.
She said during the trial: “I just knew he had sex with me when I was not awake.
“I said to him: ‘You have had sex with me when I am not awake.’
“He just laughed like it was not a big deal. That’s when I got really angry.
“I just kept shouting ‘get out, get out.’
“I was angry because of what he had done and he would not acknowledge it as a crime. I didn’t see it as a joke.
“When I confronted him in the living room he didn’t deny it. He just laughed.”
Defence counsel David Moggach put it to the woman that Johnston had tried to reason with her and explain that she had got it wrong but she denied this.
Mr Moggach said she had been awake during sexual intercourse with Johnston and participated fully, which was also denied.
“I knew that he had sex with me whilst I was not awake,” she said.
Judge Lord Uist told Mr Moggach there was no legal requirement for him to defer sentence for reports as Johnston is “a habitual criminal.”
Following conviction, prosecution lawyer Keith Stewart QC told the court Johnston had an “extensive” criminal record for crimes of violence and dishonesty.
Mr Moggach told the court his client worked as driver before being arrested.
Placing Johnston on the sex offenders register, Lord Uist said: “You have acted in a disgraceful and callous fashion.
“Your conduct towards the complainer has had a significant effect on her.
“The sentence which the court will impose will be one of five years.”