A rapist has been jailed for attacking a mother-of-four as she slept then claiming she raped him – and only admitting the truth a day before she was due to testify.
Daniel James, 20, crept into the room at 3am and attacked the middle-aged woman while she staying over for the night.
When he was arrested, James made a false complaint against the victim claiming she had non-consensual sex with him whilst he lay asleep after taking a shower and that he was ‘scared for his life.’
Daniel James, 20, crept into the room at 3am and attacked the middle-aged woman while she staying over for the night
He was initially released without charge, but eventually ordered to face court seven months later after intimate evidence was produced to expose his lies.
James kept up his denial for a further eight months before pleading guilty to rape as the victim was about to relive her ordeal in the witness box.
James, now 22, of Cadishead near Salford, wailed and swore in the dock at Manchester Crown Court as he was locked up for six years and three months.
The incident happened in July last year after the victim was offered a sleepover at James’ family home.
Prosecutor Nicholas Clarke QC said: ‘The victim was drowsy and thought someone had tried to touch her breast but found no one there and thought she could be imagining it. She then decided to go to bed.
‘She did not remove anything but her shoes and went to sleep. However she woke up at around 3am when she became aware of someone having sex with her. She turned around and saw a figure leaving the bedroom.’
The ‘distraught’ victim reported the incident a day later, Mr Clarke said.
James was contacted by police and presented his fiction about what happened.
Mr Clarke continued: ‘He said he was tired after falling in a pond at home and said he took a shower and went to bed downstairs.
‘He said he then woke up to find the victim having sex with him. This fiction was presented to the police and he was released him under investigation.
‘He was later charged with rape and only pleaded guilty, a day before his victim was due to give evidence.’
In a statement the victim said: ‘The last 15 months have been a nightmare for me and my family. I have struggled emotionally, physically and mentally every day.
‘I am a mother-of-four and had to tell the children was fine. How can a mum discuss being raped to her own children?
‘I have had days where I was so low I could not function and felt dirty, degraded and angry. I felt numb and was just a robot existing every day.
‘He told hurtful lies about me which I had to deal with. He was delaying the trial to suit himself without any consideration for the feelings of others.’
When he was arrested, James made a false complaint against the victim claiming she had non-consensual sex with him whilst he lay asleep after taking a shower and that he was ‘scared for his life.’ Pictured is Manchester Crown Court
In mitigation, defence lawyer Michael James said: ‘He knows he had sex with her. He could not explain precisely what occurred but he accepts she had not consented.
‘Clearly alcohol played a part in his poor decision making throughout.
‘He says he is not a bad person and his life has been ruined. He doesn’t understand why he did it. His immaturity can be shown by the fact that when police first attended his home and he called out for his mum.’
But Judge Hilary Manley, sentencing, dismissed the claims and called the attack ‘sly and cynical’.
He told James: ‘You had crept into her bedroom while drunk and affected by cannabis, saw her lying there and slyly and cynically took advantage of her.
‘Your behaviour that night has led to what your victim describes as a living nightmare ever since, which was made worse by your refusal to admit what you did until the last possible moment.
‘You have never been required to take any responsibility and are used to getting away with it. You have never worked and by last summer you were drinking, smoking cannabis and regularly taking cocaine.’
Turning to James’ treatment of his victim, the judge said: ‘The derogatory way in which you referred to her is particularly striking.
‘You were able to put forward an elaborate tale where you presented yourself as the victim, where at one point you claimed to the police you were scared for your life.
‘But you have grown from being an unmotivated teen to a feckless 20-year-old.
‘As you wailed and swore in the dock it is clear your distress has been for yourself and yourself alone.’
James will have to sign Sex Offenders Register for life.
After the hearing, Det Con Leanne Jackson, of Greater Manchester Police, said the assault was a ‘depraved and predatory attack’ and added: ‘He has shown no remorse.
‘He preyed on a vulnerable woman while she was asleep and defenceless to stop him, as he carried out his abhorrent actions.
‘I want to thank the victim for her stoic bravery during what has been an immensely difficult time between the attack and finally securing justice.’