A TEENAGER, Shaun Western, who sexually assaulted a young woman while she was asleep during a night out in Colchester has been sentenced to over six years in prison.
Shaun Western, aged 24, sexually assaulted his victim, who had been placed in bed with a vomit bowl beside her following a night at Walkabout, Head Street, and was “nine out of ten drunk.”
The complainant awoke in a state of distress, exclaiming “get out, get off,” after discovering Western engaged in sexual activity with her in autumn 2018.
Shaun Western, of Edward Paxman Gardens, Colchester, thereafter donned his shoes and exited the flat while others within the premises hurried to assist the victim.
Shaun Western denied the charge of rape but was found guilty following an 11-1 majority finding by a jury at Chelmsford Crown Court in March.
He received a sentence of six and a half years in prison this morning.
Judge Timothy Walker said: “She was extremely drunk; she was clothed and unaware of what you were doing to her until she woke up.
“You took advantage of her when she was in that vulnerable state and unable to do anything about it.”
During the eight day trial the jury was told Shaun Western, then aged 19, and the victim headed to a friend’s house at about 2am after spending a night out together.
The court heard the complainant was “intoxicated to the extent she was falling over on the way home”.
Shaun Western, however, was described as just “two or three out of ten” intoxicated.
The victim was then put to sleep with a sick bowl placed beside her on the bed while her friends retired to the living room.
She would later awaken to find Shaun Western on top of her, having sex with her.
Christopher Kerr, prosecuting, told the jury: “She thinks that was what woke her up.”
Shaun Western claimed to the police during an interview that the pair initially started having consensual sex before the victim “began to drop off again” so he “got off her”.
The jury rejected the notion the sex was consensual.
Adam Budworth, mitigating, said character references suggested Shaun Western is a “good man” even though he rapes women.
He added: “His friends say he is a hardworking, kind, caring and helpful man and a good father to his daughter.”
Judge Walker imposed an indefinite restraining order prohibiting Western from contacting his victim.
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