Edinburgh, Fife & East Scotland

Man guilty of raping sleeping woman at Edinburgh flat

A man has been convicted of raping a sleeping woman.

Afolabi Awodiya, 34, attacked his victim in a flat in Edinburgh as she slept following a night out with a friend.

The Nigerian national, who admitted to police that he entered Britain illegally in 2007, had denied raping the 20-year-old woman.

But he was convicted by a jury at the High Court in Edinburgh. Sentence was deferred.

The trial heard that Awodiya knew his victim was due to be staying overnight at his former flat in Edinburgh on 17 February last year.

Fresh injury

The woman had been socialising with a friend and went back to the flat, where she fell asleep in a spare room.

Awodiya, who had also been out with friends, later returned to the flat and attacked the woman as she slept.

As soon as the woman realised Awodiya was assaulting her she got out of the bed, before leaving the flat.

DNA matching that of the woman was found on Awodiya after swabs were taken and the victim was discovered to have a fresh injury.

Awodiya slumped forward in the dock after the verdict was announced and was led away to the cells in tears, repeatedly saying: "They set me up."

He had told the court he had fathered two children since coming to the country and was trying to fight for custody of the older girl, who stays in Aberdeen with her mother.

Advocate depute Jane Farquharson told jurors that Awodiya appeared to have been "overcome by sexual lust" and was perhaps emboldened by alcohol.

The prosecutor told the court that the woman "had never shown the slightest bit of romantic interest in the accused".

She told jurors: "He knew she was staying the night and he knew where she was staying the night in that spare room.

"I suggest the accused had no belief that she was consenting."

After Awodiya was found guilty of the rape, Ms Farquharson said he had entered Britain illegally on a flight from Lagos but had later been given discretionary leave to remain until later this year.

Defence solicitor advocate Jim Keegan QC said Awodiya would become the subject of attention from the UK Border Agency and added: "The consequences for him will be severe."

The judge, Lord Uist, said that as Awodiya had no previous criminal record he would require to get a background report before sentencing him in April.

He placed him on the sex offenders register and ordered he be remanded in custody ahead of sentencing.