A vile rapist who pretended to be a “good Samaritan” in order to lure a drunk girl back to his Aberdeen home has been jailed for five years.
Diego Valdivieso, 30, offered the young woman his bed at his home in Aberdeen’s Rosemount area on October 9 2022 before taking advantage of her.
The High Court in Edinburgh heard on Friday how Valdivieso found the young woman in the city’s Union Street intoxicated and confused about where she was.
However, upon getting to the property, the accused sexually assaulted her while she was asleep and unable to provide or withhold consent.
The court heard how he repeatedly kissed the female, who cannot be named for legal reasons, before touching her breasts and performing a sex act in close proximity to her.
He then raped her and continued with the act after she awoke.
The young woman plucked up enough courage to contact police who arrested the Ecuadorian national soon afterwards.
‘Good Samaritan’ took advantage
Valdivieso, of Raeburn Place, Aberdeen, was found guilty on charges of rape and supplying cannabis following a trial earlier this year.
The rape charge stated that the victim was “incapable of giving or withholding consent” to Valdivieso.
Judge Lord Lake had deferred sentence on him to obtain a report on his background.
On Friday, Lord Lake told Valdivieso, who watched proceedings via video link from his remand prison in Perth, that he had to go to jail for his crimes.
Passing sentence, Lord Lake said: “You posed as a good Samaritan when she found herself confused in the centre of Aberdeen.
“You offered her your bed – she was trusting and you took advantage of that when she was drunk.
“In these circumstances, I have concluded that the only disposal in this case which is appropriate is a custodial one.”
Rapist also breached bail for London trip
The court heard that before carrying out the sexual assault, Valdivieso was selling cannabis at a location between McDonald’s on Union Street and his home.
The court also heard that after his arrest, Valdivieso was granted bail on condition that he didn’t leave Scotland until the conclusion of proceedings against him. A sheriff also required him to hand over his passport.
However, the court heard that Valdivieso breached his bail by travelling to London for an event involving fellow graduates from his old university where he was robbed of his personal belongings.
He then travelled to Edinburgh where he witnessed a “serious assault”.
The court heard that Valdivieso decided to intervene in order to stop the attack – but suffered an injury which required him to be treated in hospital.
Police then arrested him for breaching bail conditions. Valdivieso pleaded guilty to this charge at earlier proceedings.
Rapist to be deported back to Ecuador
On Friday, defence solicitor advocate Iain Jane told Lord Lake that his client has helped fellow prisoners whilst on remand at HMP Perth.
Mr Jane added: “He was sharing a cell with somebody who tried to commit suicide. He intervened to prevent that from happening.”
Lord Lake also placed Valdivieso, who is set to be deported back to his south American homeland at the conclusion of his jail term, on the sex offenders register for life.
The judge also told Valdivieso that it was clear that his victim was still “suffering” from the consequences of his actions.
He added: “It is hoped that the conclusion of the trial will help her with her recovery.”