A man who raped a sleeping woman has been jailed for three years.
Keiran Smart, from Dundee, Scotland, attacked the 21-year-old as she slept at a house in Carnoustie, in October 2016.
Smart denied rape but was found guilty after texts he sent to the victim emerged in court.
The texts sent to the victim the next day showed Smart was ‘extremely apologetic’, the court heard.
Lord Burns said jurors must have decided from the texts that Smart had ‘no reasonable belief she was consenting at the time’.
At Smart’s earlier trial, jurors heard he could get angry or aggressive when he had a drink.
Defence counsel Ronnie Renucci told the High Court in Edinburgh: ‘He is clearly a young man who has a history of mental health problems.’
He said Smart had been diagnosed with ADHD and had suffered from depression and anxiety.
Mr Renucci argued that Smart’s offence could be distinguished from rape cases that involved force or violence.
‘Clearly that was not the case in this offence,’ he said. ‘There is no suggestion of force.’
The judge said Smart would be kept under supervision for two years following his release.
Smart was also acquitted of attempting to rape a 24-year-old woman at a flat in Dundee in 2015.
He was placed on the sex offenders’ register indefinitely.