An insurance coverage dealer who sexually assaulted an off-duty police officer at a lockdown social gathering has been jailed for 2 years. Andrew McNally, 35, pounced at a gathering in Hamilton, Lanarkshire, the place revellers have been celebrating the tip of Covid restrictions.
The lady, 33, fell asleep on a sofa beside a feminine good friend however was woken after being groped repeatedly from behind by McNally. His terrified sufferer alerted her good friend and mouthed 'assist me' because the assault continued.
Her good friend requested 'what's going on?' earlier than McNally instructed her to be quiet whereas his sufferer sobbed uncontrollably. The pervert instructed her she would 'spoil his life' if she instructed his spouse what had occurred earlier than saying 'I am sorry, I am sorry'.
The ladies left the home and the sufferer later reported McNally, of Hamilton, to police and he was arrested. A forensic investigation discovered his DNA on her physique, bra and underwear.
McNally denied the sexual assault of June 2021 and went on trial at Hamilton Sheriff Courtroom however jurors took simply an hour to seek out him responsible following a two-day trial. Sheriff Liam Murphy mentioned there was 'no various' to jail and positioned McNally on the intercourse offenders' register for 10 years.
Giving proof from behind screens, the lady wept as she instructed depute fiscal Aga Mathieson she was left 'frozen' in worry in the course of the assault. She mentioned: "He was instantly behind me once I awoke, I opened my eyes briefly after which closed them straight again over as a result of I wished to faux that I used to be nonetheless asleep.
"I did not know what he would do if I mentioned or did something and I used to be simply frozen. I used to be scared about what may occur subsequent. I do not know why I did not shout or scream however I used to be simply frozen nonetheless as a result of I did not understand how he would react.
"As quickly as he heard my good friend ask 'what's going on?' he jumped up off the sofa and began leaping everywhere in the front room and he saved telling her to 'ssh' and to 'shut the f**ok up'. I used to be hysterical."
The lady added: "At that second in time I wasn't a police officer however a lady. My pure response to what had occurred was to be frozen nonetheless."
The 30-year-old witness to the crime instructed the trial her good friend had 'red-eyes' and was 'petrified' in the course of the assault. In proof, McNally claimed he had fallen asleep on the sofa earlier than being woken up by shouting.
He added: "I fell asleep on the sofa and the subsequent factor I realised I might hear shouting and it sounded indignant which startled me so I sprung myself up and requested what was taking place. I did not contact her in any respect."
Requested if the ladies have been mendacity, he replied: "It's my place that they're making it up."
Graham Robertson, defence advocate, mentioned: "He accepts and understands the idea for the jury's choice and he has to now stay with the results of that. Mr McNally doesn't current any significant or vital threat to the general public.
"That is an totally tragic case for all concerned."
Sheriff Murphy mentioned: "You have been discovered responsible by the jury of a critical sexual offence. The crime concerned intent and was carried out in a reckless method and it's clear from the sufferer and her sufferer affect assertion that this has had a major affect on her.
"Taking into consideration the entire circumstances and the gravity of the offending, solely a custodial sentence is suitable."
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