David Smyth has been found guilty of rape after his victim covertly recorded him admitting to the crime during a meeting at a cafe. According to BBC News, the 36-year-old will face sentencing at the High Court in Edinburgh on 19 November. He was remanded in custody following the verdict.
Smyth admitted to having sexual intercourse with the woman while she was asleep at a property in Falkirk in 2019, following her night out with friends. During the trial at the High Court in Stirling, the jury heard a recording in which Smyth acknowledged his actions, stating he engaged in sexual activity because he "wanted to have sex" and "liked being in control." The woman told the court she had experienced multiple instances during their relationship when she woke believing sexual activity had occurred without her awareness.
The victim's decision to confront Smyth came after she read an article titled "The Sexual Assault of Sleeping Women." She arranged to meet him at a cafe and initiated what appeared to be a friendly conversation while secretly recording him with her phone positioned beneath the table.
What the recorded conversation revealed
When the woman asked Smyth why he had engaged in sexual activity with her while she was asleep after the night out, he responded:
"Because I wanted to have sex. I liked having sex. I liked being in control. You weren't saying no."The woman replied that she could not have objected, to which Smyth stated:
"No, you couldn't say no, not in the state you were in"and added:
"I think in a way it was to feel powerful."
The court heard that the woman had engaged in multiple conversations with Smyth about his sexual contact with her when she was unaware it was occurring. She testified that Smyth himself used the word "rape," telling her:
"I'm sorry I raped you."The woman said she gasped upon hearing this admission.
In subsequent messages, Smyth wrote to her:
"I wish I could go back and stop it from happening. I regret it every day. I did it, so I should feel bad."He also told her:
"If you ever want me to go to the police to say what I've done, I'd do that – I'll admit what I have done."
How did the victim describe her experience?
Giving evidence from behind a protective screen, the woman described feeling "horrified, terrified and scared" by what had occurred. She revealed that she continues to experience nightmares related to the assault. The woman explained that she had not confronted Smyth at the time of the incidents but chose to do so after their relationship had ended.
She testified that on several occasions during her relationship with Smyth, she had woken in the morning with the sensation that she had experienced sexual activity without being conscious of it happening.
What was the defendant's response?
During his testimony, Smyth denied the rape allegation and claimed that all sexual contact between them had been consensual. He told the jury:
"I thought back to my time with her and I came to the conclusion that I had not raped her."Smyth contended that he had made his earlier admissions solely to "appease" or "placate" the woman.
The prosecution challenged this account, with prosecutor Carrie Stevens describing his evidence as "ridiculous." The defence advocate, Jonathan Crowe, argued that the woman had "lured" Smyth to the cafe and posed a series of leading questions designed to elicit particular responses.
What was the jury's verdict?
The jury found Smyth guilty of rape. However, they modified one of the charges brought against him. The original allegation stated that he had raped the woman on "various occasions," but the jury changed this to reflect a single occasion of rape.
This case reflects a broader pattern of prosecutions involving sexual assault of women in vulnerable states. In September 2026, a 28-year-old man from the Scottish Borders was sentenced to 10 years in prison for raping three women, including one while she was asleep, with the High Court hearing evidence of intimidation and violence used to exploit victims when they were vulnerable.
What happens next?
Judge Lord Young deferred the sentencing hearing until 19 November at the High Court in Edinburgh, where Smyth will learn the length of his prison sentence.
