Man who sent victim flowers and apologised after raping sleeping woman jailed for over five years

A man who sent flowers to his victim and apologised after raping her has been jailed for five years and two months.

Alistair Ross, 44, preyed on the woman who was a visitor to his home in Floors Terrace, Dunbar, in East Lothian, after she took medication and fell asleep.

A judge told Ross: “Due to the effects of her medication, she was unable to say anything to try to stop you.”

Lady Haldane said at the High Court in Edinburgh that she had read a victim impact statement and added that it was clear the offence had “a profound effect” on the woman.

She acknowledged that Ross later expressed remorse and sent flowers, but told him the crime of rape was one of the most serious to come before the courts, and his culpability was high.

The judge said he was assessed as posing a below-average risk of reoffending and has expressed a willingness to take part in rehabilitation work in prison.

Ross earlier admitted to assaulting and raping the woman on March 3, 2024, while she was asleep and incapable of consenting to sex.

The court heard that following the attack, he admitted that he had “f***ed up beyond belief and was truly sorry”.

The woman was taking medication which has a sedative effect, went to bed and fell asleep.

She recalled waking to find Ross sexually assaulting her, but went back to sleep before waking again in similar circumstances. Each time, she was unable to speak because of the effects of the medication.

When she later awoke, she realised Ross had removed her underwear during the assault.

The woman later disclosed what had happened to her family doctor and spoke to a support worker. Ross sent her flowers and a card, but she told him not to contact her and asked him never to do that to anyone else.

Police were contacted, and Ross claimed that he woke up to find that he had sexually penetrated the woman.

Defence counsel Neil Beardmore said: “He is distraught by what he did. He recognises the distress that he has caused to her.”

Ross was placed on the sex offenders’ register indefinitely, and the judge made a non-harassment order banning him from contacting or attempting to contact the victim for ten years.