A man who sexually assaulted a sleeping woman after sneaking into her home has been jailed for 18 months. James Du-Tracy, 29, from Letham in Angus, pleaded guilty at Dundee Sheriff Court to a charge of sexual assault. Sheriff Alastair Brown also placed him on the sex offenders register for 10 years.
The court heard that Du-Tracy had made a pass at the woman hours before the assault in June last year, but was rebuffed. He later went to a pub while the woman fell asleep on her sofa with her child beside her in a pram. She awoke at 01:10 to the sound of her child crying and realised she was being sexually assaulted.
Depute fiscal Vicki Bell said: 'She pushed him off and he fell on to the floor. He kept saying 'accept my apology - I know how serious this is'. She didn't contact police as she didn't think they'd believe her.' Defence solicitor Ian Flynn said Du-Tracy had reported the incident to the police himself, stating he was 'very drunk' and had a 'total misconception'.
Sheriff Brown told Du-Tracy: 'A woman who is asleep is not giving consent - she can't give consent. This lady had refused consent to any sort of sexual contact earlier that day.'
