A former Police Scotland officer who filmed himself raping a sleeping woman has been jailed for seven years. Derek McNee repeatedly preyed on his victim at a house in Milngavie, East Dunbartonshire in 2025. The 43-year-old was snared after police found four incriminating videos on his mobile phone which he had captured.
Sentencing at the High Court
McNee was sentenced at the High Court in Glasgow having earlier pled guilty to a rape charge. As well as the jail term, Judge David Young KC ordered McNee to be monitored for a further 18 months on his release. He told the attacker: “As you recognise, there can be no free agreement when someone is incapable to give consent.”
The judge added the woman - in two victim impact statements - had described her “misery” at the hands of McNee and how she remains affected. The court was told how heavily-tattooed McNee had asked the woman if it would "arouse" her if he "did things" when she was sleeping. She agreed. He also suggested filming what he was doing and the woman – who had personal issues - replied "he could if he wanted to". McNee later sent her footage he had recorded. She looked at the clips, but told him to delete them.
The videos and the offences
Prosecutor Ruaraidh Ferguson explained to the court: "Four videos were recovered from his telephone which depict McNee performing sexual acts on the woman while she is clearly and obviously intoxicated. At various stages, she is asleep or unconscious." Mr Ferguson went on to give graphic detail of what McNee filmed. This included a 35-minute video during which he states to the woman: "Do not f***ing move. Do not wriggle about. Stay till, shut up."
At one stage, she "audibly objects" to what he is doing. McNee calls her “useless”. In another clip, the ex-officer is wearing a mask across his eyes. The woman is described as “fully unresponsive throughout”. During the final video found, the victim is initially awake. McNee asked what is going to happen and she replied: “Get raped.” McNee – who had a history of drug taking - then called her “a s**t”. The woman stated she was “drunk” before eventually falling asleep. McNee again went on to take advantage of her condition.
Other offences and background
McNee - who was seven years in the police before latterly running a dog grooming business in Paisley - was held for the sex attacks in December 2025. He also pled guilty to hounding another woman between 2021 and 2025 in Glasgow and Paisley, Renfrewshire. This included making insulting remarks to her. She was forced to change her phone number, but McNee found what it was and contacted her almost 30 times in two days.
McNee further admitted to having a stun gun after a search of his car in August 2025. Tony Graham KC, defending, told the court: "He has accepted his guilt - that is the best thing that can be said in mitigation on his behalf." McNee was also put on the sex offenders list and banned from contacting or approaching the victims - both for an indefinite period. He had previously been spared jail in 2021 for terrorising a young woman, who recalled “the devil in his eyes”.
He put this victim through a frightening ordeal over a number of months at his then home in Glasgow's west end. This included being assaulted, threatening to kill her and tearing up her designer jacket with tweezers. McNee was put on supervision and a curfew after he was convicted of engaging in abusive conduct following a trial at the city's sheriff court.
Procurator Fiscal Faye Cook of COPFS said: "Derek McNee subjected two women to serious abuse and exploitation. He used drugs to facilitate the rape of one woman, rendering her incapable of consenting to sexual activity. He also subjected another woman to controlling, abusive and degrading behaviour. These offences had a profound impact on both victims, who should have been safe in his company. His conviction reflects the courage of the women who felt able to report their experiences, enabling prosecutors to seek justice on their behalf. COPFS is committed to listening and responding to such reports and holding perpetrators to account. Prosecuting offenders such as McNee helps make Scotland a safer place for all."
