Legal f irst as man found guilty of sex without consent INSTEAD of rape
A VILE thug has become the first person in Scotland to be found guilty of ‘sex without consent’ in a landmark case that could make it easier to bring sex attackers to justice.
David Findlay, 32, was last week convicted of forcing himself on a young woman. But instead of being prosecuted for rape – notoriously hard to prove without witnesses or corroborating medical evidence – he was prosecuted under new domestic abuse laws.
A High Court jury ruled he had sex with a former girlfriend who
‘Case will undoubtedly have implications’
had not given consent, as part of a pattern of violent and coercive behaviour. Campaigners have welcomed the verdict, suggesting that it sets a precedent that could transform how the justice system tackles sexual assault claims.
Sandy Brindley, chief executive of campaign group Rape Crisis Scotland, said: ‘This is a really encouraging development. It can be incredibly hard to get justice following rape and it’s important that every avenue is explored.’
The maximum sentence for domestic abuse is 14 years in jail – less than the maximum for rape, which is life in prison.
Scottish Tory justice spokesman Jamie Greene said: ‘This case will undoubtedly have significant implications. However, if positive steps are taken, that cannot then come at the expense of lesser sentencing for those ultimately convicted of such a heinous crime.’
Findlay – a window cleaner from Edinburgh – was accused at the High Court at Livingston of having sex with a former partner on various occasions without her consent, as well as violent physical abuse.
He was also accused of violent and coercive behaviour against another woman. Neither victim can be identified.
Until now the Crown Office, overseen by Lord Advocate Dorothy Bain, has used the Sexual Offences (Scotland) Act 2009 to prosecute rape and attempted rape. However, the low success rate – with just 78 convictions from 2,298 such cases in 2020-21 – has generated criticism and led to calls for reform.
In a surprise development, senior advocates brought charges against Findlay under the relatively new Domestic Abuse (Scotland) Act 2018. A jury unanimously found him guilty of forcing an ex-girlfriend to have sex without consent.
Jealous and controlling Findlay had denied repeatedly having unwanted intercourse with the single mother during a violent relationship. She said: ‘As a woman, I was there to service him and I shouldn’t say no. When he wanted it I was to give it or he’d take it. I was scared to say no. I’d say, “David, I’m not in the mood. I don’t want to”. His response was, “I’m a sex addict”.’
She told how Findlay had strangled her until she lost consciousness, leaving her partially paralysed from a mini-stroke.
Another previous partner, also a single mother, told how he choked her until she was struggling for breath during a brief ‘toxic’ relationship.
Findlay denied being verbally and physically abusive towards the women and uttering ‘violent, inappropriate, derogatory, abusive and controlling comments’ towards them.
The jury convicted him of behaving in a threatening or abusive manner towards the second woman and assaulting her by compressing her neck at her Edinburgh flat between March 2013 and August 2014.
They also found him guilty of abusive behaviour towards his other ex-partner by having nonconsensual sex with her at addresses in Edinburgh between June 2019 and September 2019.
Findlay’s defence counsel, Gordon Martin, told jurors: ‘The reason it’s not a sex case is there’s no corroboration that would have allowed the Crown to prosecute any of the sexual allegations under the Sexual Offences Act, so you are potentially setting a legal precedent here.’
Findlay will be sentenced later this month.
‘Can’t come at expense of lesser sentencing’