A Scottish man has been convicted of rape after his victim secretly recorded him admitting to the attack during a meeting at a cafe. The victim arranged to meet David Smyth to confront him about the attack and record their conversation. Smyth admitted to raping her while she slept at a property in Falkirk in 2019. Prosecutors relied on the taped admission during trial, securing Smyth’s conviction.
The High Court in Stirling heard that Smyth, an IT operative and former charity worker, told the victim during their meeting at the cafe, “You couldn’t say no in the state you were in.”
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The 36-year-old was found guilty of raping the woman. He was remanded in custody and will be sentenced on November 19.
What happened at the cafe?
The court was told that the victim invited him to the cafe, initiated a conversation, and then recorded it while keeping her phone under the table.
On the recording, when the victim asked why he had sex with her while she was asleep, Smyth said, “Because I wanted to have sex. I liked having sex. I liked being in control. You weren’t saying no.”
On being told, “I couldn’t say no,” Smyth replied, “No, you couldn’t say no, not in the state you were in. He added, “I think in a way it was to feel powerful.”
During their conversation, the rapist also said, “I’m sorry I raped you.” They were in a relationship when it happened, and the woman said that he had sex with her when she was “not conscious”.
The court heard that he said, “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.”
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Later he messaged 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.”
However, later he denied the rape charges in court and claimed he only said those words to “placate” her. “I thought back to my time with her and I came to the conclusion that I had not raped her.”
