EDINBURGH SIEGE RAPIST JAILED FOR LIFE
A convicted sex offender who repeatedly raped a door-to-door saleswoman at knifepoint during a 13-hour siege was given a life sentence today.Sean McKay, 41, held the 27-year-old victim captive at his Edinburgh flat in January.The woman's ordeal only ended when McKay fell asleep and she wrote "force the door" in condensation on a window as a message to armed police outside.The High Court in Edinburgh heard today that McKay was hearing "whispering voices" in his head in the run-up to the rape.His defence said that prior to the attack, a number of agencies identified an increased risk that McKay could reoffend, but were "powerless" to do anything about it.Judge Lord Kinclaven today imposed an order for lifelong restriction - a form of life sentence to ensure close supervision after an offender is freed.He ordered McKay to spend a minimum of nine years behind bars before he can be considered for release.The judge told him: "You have accepted responsibility for a very serious offence."The responsibility for that offence is yours."The court heard in April that McKay was a "high-risk" serial sex offender who was previously locked up for five and eight years for other sexual offences.He also has a lengthy history of mental health problems and has been a patient in Carstairs, the state hospital in Lanark.At the time of the offence, he was part of a multi-agency public protection arrangement.McKay's victim, a foreign national who came to the UK to study, was selling paintings door-to-door on the day she was attacked.He met her in the Sea Breeze cafe near his flat in Abbeyhill, Edinburgh, on January 23 and she went to his home later in the evening because she thought he wanted to buy some art.Once she was in the flat, she grew increasingly concerned that something was wrong and called her manager, who told her to leave.At that point, McKay produced a large kitchen knife and pointed it at her throat.Advocate Depute Alex Prentice QC, prosecuting, told the court previously: "He told her that people were following him and wanted to do bad things to him.
"The complainer was shocked and terrified."The woman was raped repeatedly and indecently assaulted over the course of the next 13 hours.The victim was able to alert her manager by phone at about 10.30pm, prompting the police response, which saw negotiators and armed police surround the barricaded flat in Sunnybank Terrace.McKay repeatedly threatened to kill himself and police throughout the night."The accused's behaviour continued to be erratic," said Mr Prentice.
"He would swing between angry outbursts, when he would threaten to kill the officers, before calming down again.
At no point could the officers hear the complainer."It was only at 10.30am the following morning when McKay took a number of tablets and became drowsy that the woman was able to escape.He fell into a deep sleep, allowing her to pull the barricaded front door slightly open for police to pull her to safety.McKay remained in the flat until police in riot gear entered and took him away.The victim has since returned to her home country but remains haunted by the attack.Mr Prentice said: "It was clearly a horrific ordeal; however, she stated that she wished to put it behind her and return home.
"She reported some sleep disturbance, panic and anxiety.
It is likely that the full effects of the events on her may take some time to manifest themselves."McKay, who was maintained by the offender management unit and Lothian and Borders Police, admitted repeatedly raping his victim and holding her against her will.Despite his history of mental health problems, the court was told he was not insane at the time of the offences and knew what he was doing.He had previously been assessed as posing a high risk of re-offending but at the time he was not subject to a sex offenders' prevention order.McKay was convicted on earlier occasions of offences including indecent assault in 1991, which earned him a five-year sentence.In 1996 he was convicted of assault, abduction and sodomy.Unusually, McKay was excused from the dock in previous court hearings related to the current case after defence agent Robbie Burnett argued that his client had a personality disorder which could result in psychosis developing when he was put under extreme stress.He was forced to appear in court for sentencing today.The court heard McKay was released into the community, with a support package, in March 2005.Mr Burnett said there was no statutory compulsory treatment plan available for the authorities to enforce.The defence agent pointed to several stressful events which had affected McKay, in an effort to explain why he behaved as he did.He said McKay had been affected by the death of his father and had also been threatened by the son of a woman he was seeing.Mr Burnett said his client had stopped eating because of the stress and was unable to take his medication as a result."He was also smoking more and more cannabis.
All these factors increased the stress and increased the paranoia," said the lawyer.The court heard he went on a "downward spiral" in the weeks before the attack, after moving into Sunnybank Terrace, and began to distrust his support workers.Mr Burnett, who referred to a report prepared for the court, said: "What we have is a situation here developing where a variety of warning bells arguably should have been ringing."He continued later: "It seems that a variety of agencies had identified an increased risk of offending and yet, according to the report, they were powerless to do anything about it."He said McKay wanted to apologise to his victim and express "sincere regret and remorse".Mr Burnett insisted that the attack, which followed a chance meeting, had not been planned.He said that his client heard voices telling him to kill the saleswoman earlier that day.The lawyer said McKay claimed he heard "transient whispering voices", sometimes that of a man laughing hysterically, in the fortnight before the attack.
"He felt people were touching him but there was no-one there and when he was being touched on his leg he would sometimes kick out, thinking someone was touching him."The court heard he also received a £1,000 phone bill on the day before the attack, which added to his stress levels.The judge said it was clear that there was no alternative to a "significant" jail term after putting the woman through a "terrifying ordeal".He told McKay he would have faced a minimum of 12 years behind bars if he had not admitted guilt.Temporary Assistant Chief Constable Iain Livingstone, of Lothian and Borders Police, said: "This sentence reflects the grave nature of McKay's crime and his previous offending history.
"Lothian and Borders Police, City of Edinburgh Council and NHS Lothian wish to convey their sympathy to all McKay's victims and their families."He said that a review involving the police, city council, and NHS Lothian was carried out following the "appalling incident" to consider whether or not changes to procedures were needed.
The review findings are being implemented.
"The findings reflect that procedures and practices have been followed professionally and in accordance with the expected standards," he added.
"There is strong evidence of effective and committed partnership work being implemented in managing offenders to protect the public, recognising that while the risk of re-offending can be reduced it can never be eradicated."Scottish justice secretary Kenny MacAskill welcomed the police review.
"We're committed to ensuring that the police and other criminal justice professionals have the most effective powers and resources to manage sex offenders in the community, in addition to the conditions placed on these individuals through the register," he said.
"The multi-agency public protection arrangements introduced last year have strengthened how they work together to assess, manage and minimise the risks posed by convicted sex offenders and protect Scotland's communities."
