A sex predator who raped a woman in her Dundee home has been jailed for four years, as he continued to maintain his innocence.
Michael Cummings, 29, attacked his victim at a flat in Dundee, where they had earlier been drinking with others.
Roadworker Cummings had denied raping the woman while she was intoxicated and asleep or unconscious and incapable of giving consent on October 3 in 2020 but was convicted of the crime at an earlier trial.
The woman told the High Court in Edinburgh she woke up and found Cummings was having sex with her.
Judge Lord Tyre told him: “You raped a sleeping woman when you were a guest in her home where she ought to have felt secure.”
He said Cummings, who is a prisoner in Perth Prison, had been assessed as posing a medium risk of further sexual offending.
The judge said he hoped the sex offender would carry out his stated intention to move away from using drugs.
Victim was crying and screaming
Defence counsel Drew Mckenzie said there was a background to the offence of drink and drugs but Cummings has not used illicit substances while on remand.
Mr Mckenzie said he maintained his innocence but realised a jail term was inevitable.
During Cummings trial another woman who was present at the flat in east Dundee said the victim was crying and screaming after the assault.
The 24-year-old witness said: “She was upset. She was pacing about.”
“I noticed that her jean buttons were open. I asked ‘Is that what he has done?’ and she just nodded ‘yes’.”
Cummings was placed on the Sex Offenders Register for an indefinite period.
