Judge jails man for 'despicable' rape of drunken 14-year-old

Published on Wednesday 27 October 2010 14:08

A MAN who carried out a "despicable" rape on a 14-year-old girl at a party has been jailed for seven and a half years.

At the High Court in Edinburgh yesterday, judge Kenneth Maciver told 39-year-old Kevin Swindells: "The rape of this 14-year-old girl was in any view despicable. You took violent advantage of her condition and forced yourself on her while she was unable to resist."

Swindells, of Edinburgh Prison, had previously pled guilty to raping the girl in a house in Cupar, Fife, on 1 May or 2 May last year. His plea came on the day of the trial after the jury had been selected. The court heard he had 61 previous convictions, including a 15-month sentence for assault, but no convictions for any sexual offence.

Swindells had bought alcohol for a number of young teenagers who were in his house, and by 11pm the 14-year-old girl was extremely drunk. Her friends took her into the accused's bedroom, helped her undress and put her in her pyjamas. Later, one girl went to check on her and found Swindells in bed with her friend.

Advocate depute Alison Di Rollo said the girl left the room and told another of the youngsters what she had seen.

One of the teenagers told his mother what had happened and she reported the matter to the police.

Ms Di Rollo said the victim and her family had found the affair very stressful and difficult to cope with. For a period after the offence, the girl had been washing excessively, using the scouring side of a sponge and scrubbing herself until her skin was raw.

Defence advocate Matt Jackson said Swindells had bought the alcohol for the children on the basis that it was better for them to consume it in his home rather than on the street.

Mr Jackson said Swindells claimed he had been drunk and could not remember what had happened but accepted full responsibility.

"He also understands the impact this event has had on this girl, not just now but in the future, and if he could apologise to her he would," Mr Jackson added.

Sentencing Swindells, the judge told him he had "betrayed the trust of the children".

"You knew she and other friends were staying the night in your house. You knew they had been drinking. They were entitled to feel they would be safe in your house ... She was not safe."

Judge Maciver told Swindells that the mitigating factor was his decision, albeit at a very late stage, to plead guilty and save the victim and others from having to give evidence.