Man jailed for six years over sexual assault on sleeping man

High Court of Justiciary, Edinburgh. File picture: Ian Georgeson
High Court of Justiciary, Edinburgh. File picture: Ian Georgeson

A MAN who repeatedly sexually assaulted another male whilst he slept and was unable to provide consent has been jailed for six years.

John Gallagher, 50, preyed on the male, who cannot be named for legal reasons, at a home in Blackridge, West Lothian, in November 2014.

The High Court in Edinburgh heard how Gallagher’s victim has been left traumatised by the attacks. He currently suffers from Post Traumatic Stress Disorder.


The court also heard that the man’s marriage has been placed under strain as a consequence of Gallagher’s actions.

However, Gallagher, of Dunbeath Court, Coatbridge, believes he has done nothing wrong and doesn’t express remorse for what he has done.

On Wednesday, judge Lady Wolffe told Gallagher that she had no other option but to send him to prison.

She added: “The crime for which you have been convicted of is an odious one and the court must mark its disapproval of such predatory behaviour with the imposition of a prison sentence.

“You will go to prison for six years.”

Gallagher was convicted last month following a trial at the high court. Sentence had been deferred for the court to obtain reports about his character.

He was originally charged with raping the man on November 12 2014. However, a jury convicted Gallagher of sexual assaults instead.

On Wednesday, defence solicitor advocate Raymond McMenamin told the court that his client maintained his innocence.

But he said Gallagher knew that a prison sentence was inevitable.

He added: “He accepts the verdict of the jury. I would draw your ladyship’s attention to the lack of his previous offending.

“He has one previous conviction. He was once fined £100 at Glasgow District Court for assaulting a police officer.”

However, Lady Wolffe said she had to impose a jail sentence for his criminal actions.

She added: “He suffers from Post Traumatic Stress Disorder and your actions have resulted a strain being placed on his marriage.”