Jail for man who performed sex act on woman’s male partner as he slept

Dale Everard.

A Fife man thought his girlfriend was performing a sex act on him but opened his eyes to find it was a male stranger.

The victim and his girlfriend had been enjoying a night out when she met Dale Everard, who complained his gay date had been a disaster.

The two did not previously know each other but quickly became friendly and the woman invited him back to their flat, where Everard sexually assaulted her sleeping boyfriend.

Everard, of Boyle Drive, Rosyth, was jailed for 18 months at Dunfermline Sheriff Court on Monday.

Sheriff Craig McSherry said, despite the 22-year-old being a first offender, the crime was so serious that a custodial sentence was necessary.

He told Everard: “This was a serious offence carried out with considerable forethought. You befriended the victim’s girlfriend, went back to the flat with her, entered the bedroom and carried out the sexual assault.”

Everard previously admitted that on May 10 2014 at a house in Dunfermline, he assaulted a man while he was asleep, under the influence of alcohol and incapable of giving or withholding consent, lowered his trousers and underwear, touched his genitals and performed a sex act on him.

The court had previously heard the victim and his girlfriend had gone for a night out in Dunfermline and ended up in the Brasshouse nightclub.

On the dancefloor the woman had met Everard. He told her he was on a blind date but did not like the man he had met.

Everard spent the majority of the night with the woman and they became Facebook friends while they were there.

At around 2am the complainer decided he was going home “as he felt drunk and had a headache”. He went home and fell asleep while his girlfriend and Everard followed behind in a taxi.

The victim was unhappy to wake up to find his partner had brought a stranger to the flat. They had an argument and he went back to bed, falling asleep on top of the covers fully clothed.

His girlfriend fell asleep on the sofa.

The complainer was woken at around 5am by somebody touching his genitals and performing a sex act on him.

Initially he thought it was being done by his partner and allowed it to continue.

However, on opening his eyes he saw it was Everard and “in a state of shock and anger” jumped out of bed.

When Everard told him “you liked it”, the victim pushed him out into the street before breaking down in tears.

Everard later sent a Facebook message to the girlfriend, saying: “Your boyfriend needs to calm down.”

Defence solicitor Stephen Morrison had said his client’s recollection of events was “extremely limited because of the excessive consumption of alcohol but he’s aware that’s no excuse”.

He said his client was “ashamed” and “appalled” by his actions.

Everard is on the sex offenders register and will be subject to supervision conditions after his release from prison.