Craig Banks, a man convicted of raping a lady on Boxing Day 2020, has received a five-year prison sentence.
Craig Banks, 43, of Bower Street, Blackburn, was consuming alcohol and illicit substances with a male and female at a Christmas party when the offence occurred.
Preston Crown Court was informed that late on Boxing Day, the man and lady ascended to bed together, significantly inebriated from alcohol and drug consumption, and engaged in consenting sexual activity.
While still in bed, Craig Banks decided to ascend the stairs and lie beside the victim before engaging in intercourse with her.
The victim was in no fit state to decide whether or not to consent to the intercourse, which Craig Banks now accepts, and woke to find him beside her with only fragments of recollection to help her understand what had taken place.
DNA samples taken confirmed that sexual intercourse had taken place, but the victim did not recall this because of the consumption of alcohol and drugs.
A victim personal statement summarised in court reflected on the effect this incident had on her mental health and how it led to family issues.
She said she now has a general lack of trust in people and is uncomfortable around new people, particularly men.
In mitigation, it was said Banks was “deeply, deeply remorseful” that he has been involved in this situation and he was “mortified” by what has happened.
Sentencing, Judge Richard Gioserano said: “I am prepared to accept that you would never have committed this offence if you were not so heavily intoxicated.
“Your capacity to judge whether she was consenting or not was very heavily impaired. But it will come as no consolation to her and does not lessen the harm you caused.
“There has been a shift in your thinking and you have now admitted that you accept she was so heavily under the influence she could not have been consenting of any sexual intercourse. I am prepared to accept that change in your thinking is genuine and your remorse is genuine.”
Judge Gioserano sentenced Banks to five years in prison.
He will be subject to sex offender notification requirements for an indefinite period.
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