A pensioner, who raped a woman with learning difficulties, was today jailed for four and a half years.
Former soldier Stewart Winton, 73, from Oban, raped the woman in her 40’s who cannot be named for legal reasons, on one occasion between April and June, 2013.
Today at the High Court in Glasgow judge Lady Scott told Winton: “You have been found guilty of the rape of your victim who was incapable of consenting. She was obviously vulnerable and and you exploited that vulnerability for your own sexual gratification.”
The offence took place in Oban. Winton admitted to police they had had sex, but claimed she had consented.
Advocate depute Kath Harper, prosecuting, said: “This woman’s care workers say that she can follow instructions with prompting, but learning new tasks is difficult unless the information is broken down and she has support. On speaking to her her learning disability would be apparent.
“Her IQ is in the bottom four per cent of the population. She was found to have significant impairment in social function which covers awareness of dangers and taking care of herself.”
However, Winton claimed that he had no idea of the woman’s disabilities despite having known her for a number of years, and believed she had consented to sex with him.
The High Court in Glasgow heard that the woman was eager to please and get along with people.
Miss Harper said: “Despite the fact she doesn’t like confrontation, she could not have made it clearer she did not want t have sexual contact with Stewart Winton.
“She was frightened and told him, no, no Stewart, stop it Stewart and pushed him away.
“And given her eagerness to please this must be a clear sign that she really didn’t like what was happening.”
The woman told her support worker what had happened and then reported it to the police.
When quizzed by police Winton told them: “It did happen to be honest with you. It was just one of those stupid things I did. My wife wasn’t in at the time and she didn’t seem to bother. I probably forced it a little bit.”
But the jury heard that at the start of the police interview he lied and said: “There was no actual intercourse or nothing.”
Winton served in Cyprus and Northern Ireland with the army, and later worked as a chef until he retired.
Lady Scott placed first offender Winton on the sex offenders’ register for life.
Defence counsel Louis Kennedy said: “Mr Winton has an honourable military service record. He served on active service in Cyprus in the 1960’s and in Northern Ireland in the 1970’s. He comes to the court at the age of 73 as a first offender.”
Mr Kennedy told the court that Winton cared for his wife who suffers from multiple sclerosis.
