A man convicted of rape after asking a hungover woman whether she remembered having sex has been jailed for seven years.
Daniel Robertson’s victim returned home after drinking with friends but had no recollection of anything from being at a pub to waking the next morning.
A judge told Robertson: “She was so drunk she was unaware of what you had done until you told her the following day.”
The High Court in Edinburgh heard the victim was left feeling violated and said: “I felt disgusting.”
The woman said she was badly hungover when she woke up and Robertson asked: “Do you not remember having sex?”
She said it was like “creepy crawlies” were all over her.
Boasted about attack online
Robertson, 33, later posted a message on an online site saying he had sex with the woman when she was “steaming drunk”.
Robertson, of Aberdour Place, Dundee, denied rape and maintained he did not have sex with the woman on the night of the attack.
But he was found guilty of raping her on May 24 or 25 in 2019 at an address in a village near Inverurie, in Aberdeenshire, while she was intoxicated with alcohol and incapable of giving or withholding consent.
Advocate depute Shanti Maguire told jurors at Robertson’s trial: “He was aware of her condition. He gave evidence he had guided her to the bedroom.”
During his trial Robertson also denied raping a second woman at an address in Dundee on December 21 2021 but was found guilty.
He grabbed and assaulted her and despite her saying “I don’t want this”, he carried on.
She said: “It felt like it went on for a lifetime.”
The woman later underwent a medical examination and had to take the morning after pill.
Victim suffers flashbacks and panic attacks
Judge Alison Stirling told Robertson: “Custody is the only appropriate disposal having regard to the serious nature of your offending.”
“The reasons for the sentence include punishment, protection of the public and rehabilitation in a custodial setting.”
The judge said one of the women wrote in a victim impact statement about feeling dirty since Robertson raped her and suffering flashbacks and panic attacks.
Defence solicitor advocate Marco Guarino said Robertson has “cognitive issues” and told the court: “I think he will find it very difficult within the prison environment.”
Robertson was placed on the Sex Offenders Register for an indefinite period.