An insurance broker who sexually assaulted an off-duty police officer at a lockdown party has been jailed for two years. Andrew McNally, 35, pounced at a gathering in Hamilton, Lanarkshire, where revellers were celebrating the end of Covid restrictions.
The woman, 33, fell asleep on a couch beside a female friend but was woken after being groped repeatedly from behind by McNally. His terrified victim alerted her friend and mouthed 'help me' as the attack continued.
Her friend asked 'what is going on?' before McNally told her to be quiet while his victim sobbed uncontrollably. The pervert told her she would 'ruin his life' if she told his wife what had happened before saying 'I'm sorry, I'm sorry'.
The women left the house and the victim later reported McNally, of Hamilton, to police and he was arrested. A forensic investigation found his DNA on her body, bra and underwear.
McNally denied the sexual assault of June 2021 and went on trial at Hamilton Sheriff Court but jurors took just an hour to find him guilty following a two-day trial. Sheriff Liam Murphy said there was 'no alternative' to jail and placed McNally on the sex offenders' register for 10 years.
Giving evidence from behind screens, the woman wept as she told depute fiscal Aga Mathieson she was left 'frozen' in fear during the assault. She said: "He was directly behind me when I woke up, I opened my eyes briefly and then closed them straight back over because I wanted to pretend that I was still asleep.
"I didn't know what he would do if I said or did anything and I was just frozen. I was scared about what might happen next. I don't know why I didn't shout or scream but I was just frozen still because I didn't know how he would react.
"As soon as he heard my friend ask 'what is going on?' he jumped up off the couch and started jumping all over the living room and he kept telling her to 'ssh' and to 'shut the f**k up'. I was hysterical."
The woman added: "At that moment in time I wasn't a police officer but a woman. My natural reaction to what had happened was to be frozen still."
The 30-year-old witness to the crime told the trial her friend had 'red-eyes' and was 'petrified' during the attack. In evidence, McNally claimed he had fallen asleep on the couch before being woken up by shouting.
He added: "I fell asleep on the couch and the next thing I realised I could hear shouting and it sounded angry which startled me so I sprung myself up and asked what was happening. I didn't touch her at all."
Asked if the women were lying, he replied: "It is my position that they are making it up."
Graham Robertson, defence advocate, said: "He accepts and understands the basis for the jury's decision and he has to now live with the consequences of that. Mr McNally does not present any meaningful or significant risk to the public.
"This is an utterly tragic case for all involved."
Sheriff Murphy said: "You were found guilty by the jury of a serious sexual offence. The crime involved intent and was carried out in a reckless manner and it is clear from the victim and her victim impact statement that this has had a significant impact on her.
"Taking into account all of the circumstances and the gravity of the offending, only a custodial sentence is appropriate."
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