Sex attacker who abused teen while he slept behind bars

A man who carried out sex attacks on a sleeping teenager then took him to a McDonalds has been jailed for two-and-a-half years.

Barry Donnelly, 41, attacked the 17-year-old boy at his home in Glasgow's Penilee on September 12 2022.

He later took him for fast food before dropping him off home where he told his father.

Donnelly was unanimously found guilty at Glasgow Sheriff Court of a single charge of sexually assaulting the boy.

Sheriff Matthew Jackson KC told Donnelly that he had "abused the trust" put in him by his victim.

The sheriff said: "As a result, he had to go through a humiliating sexual health check and had to be swabbed so evidence could be gathered.

"He was asked how he felt as a result of the assault and he said he just felt broken.

"I have read the victim impact statement which is deeply, deeply troubling.

"You also engaged in a degree of victim blaming.

"You maintain that you didn't know that a 17-year-old young man was in your bed.

"This court cannot know how long this harm will last - it is inevitable that this will last for a long time.

"You did not think about this when you chose to abuse this sleeping young man.

"There is no alternative to a custodial sentence due to the harm and degree of seriousness of the offence."

Donnelly was put on the sex offenders register for an indefinite period of time.

A 10-year non-harassment order was also granted prohibiting Donnelly's contact with his victim.

The court heard matters arose following an afterparty for Donnelly's mother's birthday which took place at a social club.

Former hospital theatre assistant Donnelly entered his bed where the boy was already asleep.

Prosecutor Sean Docherty grilled Donnelly under cross examination during his evidence.

The fiscal depute said: "The boy stated that he was lying in your bed and while he was sleeping you put your hand down his trousers.

"You put your hands down his boxers and touched his genitals.

"He fell asleep and on a second occasion you took advantage of him and you pulled his joggers down."

Mr Docherty then described the sex act Donnelly did on the boy which he refuted took place.

Donnelly claimed that he drove the boy home later that morning and stopped off at a McDonald's along the way.

Mr Docherty said: "The boy stated in his evidence that while he was in the car, he was still in shock and he can't really remember saying much."

Donnelly stated that the boy gave him a cuddle before he dropped him off.

However, the fiscal depute put it to Donnelly that when the boy got home, he broke down in tears in front of his dad and stated he was sexually assaulted.

Mr Docherty asked: "That's a drastic change in position?"

Donnelly replied: "Yes."

Donnelly further claimed that the boy had lied to the court despite his DNA being on his victim.

Thomas Ferguson, defending, told the sentencing that his client maintains his innocence for the offence.

The lawyer added: "He does clearly appreciate the seriousness of the nature of the offence. He has never been in prison before."

It was revealed that Donnelly has previous convictions for theft and a road traffic matter.

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