A rapist who pretended to be a “Good Samaritan” in order to lure a vulnerable woman to his home has been jailed for five years.
Diego Valdivieso, 30, offered the young woman a bed at his home in Aberdeen’s Rosemount area on October 9, 2022.
The High Court in Edinburgh heard on Friday how Valdivieso found the young woman in the city’s Union Street intoxicated and confused about where she was.
However, upon getting to the property, the accused took advantage of her being asleep and being unable to provide or withhold consent.
Afterwards, the young woman contacted the police, who arrested the Ecuadorian national.
Valdivieso was found guilty on charges of rape and supplying cannabis following a trial earlier this year.
The rape charge stated that the victim was “incapable of giving or withholding consent” to Valdivieso.
Judge Lord Lake deferred sentence on him to obtain a report on his background.
On Friday, Lord Lake told Valdivieso, who watched proceedings via video link from his remand prison in Perth, that he had to go to jail for his crimes.
Passing sentence, Lord Lake said: “You posed as a Good Samaritan when she found herself confused in the centre of Aberdeen.
“You offered her your bed – she was trusting and you took advantage of that when she was drunk.
“In these circumstances, I have concluded that the only disposal in this case which is appropriate is a custodial one.”
The court heard that before carrying out the sexual assault, Valdivieso was selling cannabis at a location between McDonald’s in Union Street and his home.
The court also heard that after his arrest, Valdivieso was granted bail on condition that he didn’t leave Scotland until the conclusion of proceedings against him. A sheriff also required him to hand over his passport.
However, the court heard that Valdivieso breached his bail by travelling to London for an event involving fellow graduates from his old university.
He then travelled to Edinburgh where he witnessed a “serious assault” and was injured in the attack, leaving him requiring hospital treatment.
Police then arrested him for breaching bail conditions. Valdivieso pleaded guilty to this charge at earlier proceedings.
Lord Lake also placed Valdivieso, who is set to be deported back to his South American homeland at the conclusion of his jail term, on the Sex Offenders Register for life.
The judge also told Valdivieso that it is clear that his victim is still “suffering” from the consequences of his actions.
He added: “It is hoped that the conclusion of the trial will help her with her recovery.”
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