A 36-year-old Scottish man, David Smyth, has been found guilty of rape after a woman secretly recorded a conversation in which he admitted to having sex with her while she was asleep. The recording was played to a jury during his trial at the High Court in Stirling, Scotland.
The case relates to an incident at a property in Falkirk in 2019, after a night out with friends. Smyth was remanded in custody after the verdict, and sentencing is scheduled for November 19, 2026, at the High Court in Edinburgh.
Secrets of conversation at café secretly recorded by victim.
According to STV News, the woman decided to confront Smyth after her relationship ended. She had seen a number of times when she woke up feeling sex had taken place without her being aware of it.
After reading a report called The Sexual Assault of Sleeping Women, she decided to ask Smyth directly about what had happened. She invited him to a café and recorded their conversation on her phone, which she held beneath the table.
She asked him during the conversation why he had sex with her while she was asleep. Smyth admitted he wanted to have sex and liked to be in control.
When the woman explained that she could not have said no while asleep, he conceded that she could not refuse in the condition she was in.
Recorded admission played in front of jury.
The recording included Smyth stating: “I'm sorry I raped you.” She said she remembered gasping when he said those words.
Smyth had even admitted to having sex with her while she was not conscious, the court heard. The evidence presented in the trial was that he had said he would approach the police and admit what he had done.
He also sent messages expressing regret, saying that he wished he could go back and stop the incident from happening, according to the report.
The woman, who told the court from behind a screen that she felt horrified, terrified, and scared, also said she had nightmares after the incident and continued to have nightmares.
Defendant denied rape during trial.
Despite the recorded conversation and messages shown to the court, Smyth denied rape during his testimony. He said that the sexual encounters between them had been consensual.
He also claimed that his earlier admissions were to placate the woman. The defence, represented by advocate Jonathan Crowe, argued that she had invited Smyth to the café and had asked leading questions during their conversation.
During the proceedings, Carrie Stevens challenged his story.
The jury did find Smyth guilty of rape. But it amended the allegation about a repeated incident and reduced it to a single incident.
Sentencing scheduled for November.
Judge Lord Young revoked Smyth’s bail and remanded him in custody. His sentence was deferred until November 19 at the High Court in Edinburgh.
The conviction is the end of the trial, but what kind of prison sentence will he get at the upcoming hearing?
The case has also drawn attention to the role recorded conversations and other evidence can play in criminal proceedings. It also shows consent is important: a person who is asleep or unconscious cannot give consent to sexual activity.
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