A sex attacker who tried to rape a sleeping woman in Dundee has been locked up.
Miles Kearvell, 22, was previously found guilty at the High Court in Edinburgh of targeting the woman at an address in the city.
He was 19 at the time and maintains his innocence, while apologising for how the woman “interpreted” his actions.
Jurors by a majority verdict convicted first offender Kearvell, of Gateshead, Tyne and Wear, of committing attempted rape and sexual assault in Dundee on January 10 2022.
Regrets behaviour
Kearvell’s trial previously heard how the woman woke during the attack but pretended to still be asleep as he assaulted her.
He was remanded in custody ahead of sentencing and appeared at the High Court in Stirling on Tuesday following the preparation of a social work report.
Members of Kearvell’s family and his partner were in the public gallery to view the sentencing hearing, while he watched proceedings via video link from custody.
Defence counsel Megan Davidson said: “He gave evidence at the trial and was quite open in that evidence.
“He is fairly inexperienced in terms of intimate relationships.
“Whilst Mr Kearvell continues to deny the offence, it’s evident from the report and text messages led in evidence that he regrets his behaviour.
“He is apologetic in terms of how the complainer has interpreted his behaviour.
“He very much accepts the conviction and respects that was the jury’s verdict.”
Character references
Ms Davidson said 10 character references were provided for Kearvell, two of which were presented for judge Fiona Tait’s perusal.
They described how Kearvell will be offered employment following his eventual release from custody.
The social work report concluded Kearvell could be suitable for a community-based disposal but Ms Davidson recognised that was unlikely due to the serious nature of Kearvell’s crime.
It was also revealed how Kearvell is assessed as a “low-to-medium” risk of reoffending.
Judge Tait said: “Having regard to the whole circumstances and particularly, the gravity of the charge, only a custodial sentence is appropriate.
“The offence is a serious one.
“It will have, on any view, had a substantial impact upon the complainer.”
Kearvell was sentenced to three years in prison and placed on the sex offenders register for life.
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