Man repeatedly raped intoxicated woman while she slept

A man has been found guilty of repeatedly raping an intoxicated woman while she slept.

James Callaghan, 40, sexually assaulted the woman, who cannot be named for legal reasons, at a house in Dunfermline, Fife, on October 15 2022.

The High Court in Edinburgh heard how Callaghan’s victim had been drinking in the hours leading up to the assault and had fallen asleep.

A jury heard how the woman was not in a position to consent to sexual intercourse – but Callaghan, of Kelty, Fife, raped her three times.

He was caught after a man, who was also in the property, saw Callaghan having sex with the woman as she lay unconscious.

Police were made aware of Callaghan’s actions. Detectives launched an investigation and gathered enough evidence to bring him to justice.

During a trial at the court, Callaghan denied any wrongdoing and pled not guilty to the charge.

However, jurors found him guilty of rape.

Following conviction, prosecutor Paul Harvey told judge Paul Brown that Callaghan had one previous conviction for a minor “non-analogous” matter.

Defence solicitor advocate James Mulgrew told judge Brown that due to his client’s lack of offending, the court would be obliged to seek a report on Callaghan’s background. Mr Mulgrew said this meant the case would have to call in court again later this month.

Mr Mulgrew added: “I would in the meantime, with the court’s leave, reserve my mitigation until that date.”

Judge Brown deferred sentence to obtain a background report and remanded Callaghan in custody.

He added: “Given the serious nature of the charge to which you have been convicted of you are no longer a suitable candidate for bail and you will be remanded in custody.”

Callaghan will be sentenced when the case next calls again at the High Court in Dundee on October 30, 2025.