A Coupar Angus man who sexually assaulted a woman while she slept next to her boyfriend has been jailed.
Mathew McLean forced himself on his victim at a property in the east Perthshire town in 2019.
He was convicted following a trial at Perth Sheriff Court in December, despite “emphatically denying” any criminality.
McLean tried to persuade jurors he had gone straight to sleep after drinking 10 pints of lager.
Returning to the dock for sentencing on Friday, lawyers for the 33-year-old said he maintains his innocence.
‘Unique circumstances’
Defence advocate Duncan McPhie KC confirmed his client had “no relevant” criminal history, nor outstanding cases.
“Mr McLean denies the offending behaviour,” he said. “He denies any criminal activity.
“He says he can’t show remorse or contrition for something he says never happened.”
Mr McPhie urged the court to consider a community sentence, with engagement on the Tay Project programme for sex offenders.
He said there were “unique circumstances” with the offence committed “in the bed of the complainer, whilst she was sleeping with her then-boyfriend.”
Mr McPhie said it appeared to be a single incident from more than five years, and his client had no relevant court convictions.
Sheriff Alison McKay said pre-sentencing reports prepared were “relatively favourable”.
She told McLean: “There is no doubt that a community-based disposal is available in your case.
“The question for me is whether or not it is suitable and appropriate.”
She added: “It is of considerable concern that this charge includes the words ‘repeatedly’ and also ‘while she was asleep and incapable to consent.’
“According to the complainer, she woke up, pushed you away and you again penetrated her digitally.
“I am absolutely satisfied that given the gravity of this offence, custody is the only option open to the court.”
McLean, of Princes Croft, was jailed for two years.
He will stay on the sex offenders register for five years and must stay away from his victim as part of a three-year non-harassment order.
Claimed he went straight to sleep
During the trial, fiscal depute Duncan McKenzie had urged the jury to believe McLean’s victim who, he said, gave her evidence in a “clear and straightforward manner”.
The woman said she was sober when she fell asleep at the property.
In the early hours of May 11 2019, McLean placed his hands under her clothing, squeezed her breasts and grabbed her buttocks.
He then penetrated her with his fingers.
McLean took the witness stand to deny any such incident took place.
He claimed he went straight to bed after drinking 10 pints earlier that evening, plus “one or two” cans of lager just before going to sleep.
He insisted his recollection was not clouded by his alcohol consumption.
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