PERTH BINMAN JAILED FOR RAPING WOMAN WHILE SHE SLEPT
A sex attacker who raped a sleeping woman after earlier refusing to leave her home has been jailed for four years and 11 months.Predator Maxwell Muirhead, 27, assaulted the victim at her home in Perth when she was asleep and incapable of consenting.
A judge told him at the High Court in Edinburgh that although he was a first offender the offence was so serious there was no alternative to a custodial sentence.
Lady Carmichael said that prior to the rape Muirhead had invited himself in and was unwilling to leave when asked to do so.
The judge told Muirhead, formerly of Cooper Drive, Perth, that he would have faced a five and a half year jail term but for his guilty plea.
Muirhead earlier admitted assaulting and raping the victim on June 2 last year.
The court heard that Muirhead offered to share a taxi with the victim and her friend after they were out celebrating in Perth and ended up at her address.
When they arrived at the woman’s home Muirhead asked if could come in.
He was told by both women that they had boyfriends and were not interested in him sexually.
Advocate depute Eilidh Robertson said Muirhead assured them that he just wanted to socialise and was allowed into the property.
But once inside the women became uncomfortable with his behaviour and he was asked to leave, but did not.
When she returned from the walk she found Muirhead on the couch and her friend sleeping in the bed.
She got into bed and fell asleep.
But her friend later awoke to find Muirhead behind the fast asleep victim having sex with her.
She started to shout and demanded: “What the f*** are you doing?”.
Muirhead claimed “I didn’t do anything” before leaving the premises.
The victim later spoke with a relative who described her as appearing “devastated” after the attack.
The court heard that the 26-year-old victim and her friend were earlier out in Perth city centre for a celebration with others.
Ms Robertson said the victim became “increasingly irritated” by him and said she was going to take her dog for a walk and on her return the women would be going to bed alone.
The court heard that she later explained she was being rude to Muirhead by this point and making it very clear he was not welcome and should go home.
Muirhead asked if he could sleep on the sofa and was told he could but was not permitted in the bed.
When she returned from the walk she found Muirhead on the couch and her friend in the bed.
She got into bed and fell asleep.
But her friend later woke up to find Muirhead behind the victim.
She demanded what he was doing, and Muirhead claimed he hadn’t done anything before leaving.
The victim later spoke with a relative who described her as devastated after the attack.
Muirhead was placed on the sex offenders’ register for an indefinite period following his sentencing.
Lady Carmichael also made a non harassment order prohibiting him from approaching or contacting the victim indefinitely.
