A MAN who raped a sleeping woman has been jailed for five years.
Afolabi Awodiya, 34, attacked his victim after she returned to his flat in Lochend following a night out with a girlfriend.
The Nigerian father-of-two had previously denied carrying out the rape on the woman while she was asleep in a spare room and incapable of consent.
But a jury at the High Court in Edinburgh earlier convicted him of carrying out the sex attack on the 20-year-old victim.
Lord Uist told him: “You went into the spare bedroom where she was sleeping and had sexual intercourse with her without her consent.
“You said nothing to her at the time and left the flat shortly afterwards. This disgraceful conduct on your part has had a very adverse effect on her mental and emotional well-being.”
Lord Uist added: “You have shown absolutely no remorse or regret.”
The judge said he took into account that the rapist had no previous convictions.
DNA matching that of the woman was found on Awodiya after swabs were taken and the victim was discovered to have a fresh injury.
The Nigerian earlier told the court he had fathered two children since coming to the country and was trying to fight for custody of the older girl who had stayed in Aberdeen with her mother. The court heard that Awodiya knew his victim was due to be staying overnight at his former flat in Hawkhill Close, in Edinburgh, on February 17 last year.
She was socialising with a friend and he was going out with others. She went back to the flat with her friend before going off to sleep in a spare room and he returned later.
As soon as the woman realised Awodiya was assaulting her she immediately got out of the bed. The distressed woman later left the flat.
Advocate depute Jane Farquharson told jurors that Awodiya appeared to have been “overcome by sexual lust” and was perhaps emboldened by drink. The prosecutor told the court that the woman “had never shown the slightest bit of romantic interest in the accused”.
She said: “He knew she was staying the night and he knew where she was staying the night in that spare room. I suggest the accused had no belief that she was consenting.”
Defence solicitor advocate John Keenan said Awodiya initially came to Britain on a visitor’s visa but overstayed the allowed period. He said he was later granted discretionary leave to remain. The defence lawyer said Adowiya had supported his family in Nigeria and his five-year-old daughter from a previous relationship was now in foster care.
Lord Uist told the rapist that he would be placed on the sex offenders register indefinitely.