A farm worker was jailed for four years today after his assault and rape of a woman left her with “life-changing” consequences.
Ewan Brown, 28, committed the sex crime against his victim at a city centre hotel in Aberdeen on September 6 2019.
A judge told Brown at the High Court in Edinburgh: “You were convicted by a jury of a single charge of rape of a heavily intoxicated woman.”
Brown, formerly of Sandwick, Stromness, Orkney, had denied committing the offence at an earlier trial at the High Court in Inverness but was found guilty of assaulting the woman when she was incapable of giving or withholding consent to sex, moving her underwear and raping her.
Lord Fairley told the first offender: “I fully understand a custodial sentence will have life-changing effects for you.”
But the judge said he understood from a victim impact statement that the consequences of the crime for the woman were “life-changing in many respects”.
‘He will have to live with the shame of the conviction’
The judge told Brown that he took into account his age at the time of the offence but added that only a prison sentence was appropriate.
Defence solicitor advocate Kris Gilmartin highlighted that Brown was aged 23 at the time of the crime and has shown remorse.
He said Brown was self-employed working on a family farm but his mental health had suffered during the proceedings and he was required to give up a second job.
Mr Gilmartin said: “He is a skilled sheep shearer. He has assisted his brother on his farm and various other people throughout the island, assisting with lambing and sheep shearing.”
“It is acknowledged on his behalf that this is a serious offence and a custodial sentence is inevitable. Upon his release he will find work hard to come by. It is a small community and will have to live with the shame of the conviction,” he said.
Advocate depute Margaret Barron made a motion for the Crown seeking the court to impose a non-harassment order on Brown during the sentencing proceedings.
Lord Fairley made a non-harassment order banning Brown from contacting or attempting to contact the woman indefinitely.
Brown, who followed the proceedings via a TV link to jail, was also told he will be on the sex offenders’ register for an indefinite period.