Tayside and Central Scotland

Man jailed for sleeping woman sex assault

James Du-Tracy Image copyright Alan Richardson
Image caption James Du-Tracy was also placed on the sex offenders register for 10 years

A man who sexually assaulted a sleeping woman after sneaking into her home has been jailed for 18 months.

A court heard James Du-Tracy had made a pass at the woman hours before the assault in June last year, but was rebuffed.

Du-Tracy, of Letham in Angus, pled guilty at Dundee Sheriff Court to a charge of sexual assault.

Sheriff Alastair Brown also placed the 29-year-old on the sex offenders register for 10 years.

The court was told that Du-Tracy had gone to a pub while the woman fell asleep on her sofa with her child beside her in a pram.

She awoke at 01:10 to the sound of her child crying and realised she was being sexually assaulted.

'No consent'

Depute fiscal Vicki Bell said: "She pushed him off and he fell on to the floor.

"He tried to apologise but she asked him to leave.

"He kept saying 'accept my apology - I know how serious this is'.

"She pushed him out the front door and burst into tears.

"She didn't contact police as she didn't think they'd believe her."

Defence solicitor Ian Flynn said Du-Tracy had reported the incident to the police himself.

Mr Houston said: "He was very drunk - it was a total misconception on his part.

"He showed remorse immediately afterwards and went to the police and surrendered himself after realising what he had done."

Sheriff Brown told Du-Tracy: "A woman who is asleep is not giving consent - she can't give consent.

"This lady had refused consent to any sort of sexual contact earlier that day."

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