A former university student from Fife who confessed to raping a sleeping teenager in Dundee was jailed for 40 months.
A judge pointed out to Ethan Campbell, 21, he had described the victim’s body as being “heavy and limp” and said: “It is clear you simply took advantage of her.”
Lord Harrower said an older person who committed a similar offence would have faced a greater sentence.
He told Campbell he would have faced a four-year jail term without his guilty plea but said the admission came too late to save the victim having to give evidence in preparation for a trial.
Campbell’s guilty plea only came the week he was due to stand trial at the High Court in Dundee.
The judge said a background report prepared on Campbell, who was 19 at the time of the offence, suggested his behaviour was characterised by a lack of maturity and poor consequential thinking.
Rape confession
Campbell, formerly of Links Road, Tayport, admitted raping the teenager at a flat in Dundee on September 17 2022 while she was asleep and incapable of giving or withholding consent.
The victim, who was 19 at the time and studying at university, was watching films and drinking at the flat with Campbell and another female, who went to bed.
Campbell later said he decided to “test things out” and “try something and see if she would say no”.
Ethan Campbell said “oh God, you weren’t awake” when he was caught by the woman.
Her friend got Campbell to agree to be filmed admitting what had taken place.
During the recording he said: “I took advantage of my flatmate.”
First offender Campbell said he had done “something terrible” and committed the crime of rape.
He later said he just wanted to sleep with someone and felt “so lonely” but he acknowledged “she wasn’t in a position to consent and she didn’t consent”.
Register and non-harassment order
Defence solicitor advocate Richard Souter said: “Clearly alcohol was involved in this.
“The complainer was intoxicated. The accused had been consuming alcohol as well.
“He understands it is no excuse he was under the influence of alcohol at the time he committed this offence.”
He said Campbell was “very remorseful” and became upset when speaking to the author of the report prepared on him.
Mr Souter said: “He has no previous convictions and no outstanding matters.”
Campbell, who followed the sentencing proceedings at the High Court in Edinburgh via a video link to prison, was told he will be placed on the sex offenders register for an indefinite period.
The judge also made a non harassment order prohibiting him contacting or attempting to contact the victim indefinitely.
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