A former Beverley Grammar School student has been jailed for five years for attacking a woman who fell asleep on his sofa after a drunken night out in Beverley.
Lee Setford, 29, thought he could get away with raping the girl in her 20s, believing she was asleep. Her friend had paired up with a man and gone upstairs to bed,
Setford unexpectedly found the women as house guests after the women were locked out from a pal’s home and needed somewhere to sleep.
Setford, a brick layer of Bielby Drive, Beverley, fought a four-day trial at Hull Crown Court – trying to put the blame on his victim.
He claimed she had given drunken consent and she had sought revenge on him with the complaint because he had fallen asleep after unromantic sex.
Sentencing at Hull Crown Court, Judge Michael Mettyear said: “It is sad to see a man of your good character at the age of 29 committing such a serious offence.
“I don’t regard you as a classical rapist who goes out targeting women in the street and is a danger.
“This is a case where for a short time you lost control and the restraint in your normal, decent behaviour. She was pretty girl and you fancied her.
“The consequences for her have been serious. She was unable to work for a while, and although she has been stoical, she has lost her cheerfulness and good spirit that she had. It is a great shame you did not have the courage to plead guilty and say: I am very, very sorry, I made a mistake.
“It would have made it much easier for her, and meant I could impose a shorter sentence.”
The court heard the couple had met only once before after a night out.
She told the jury the evening started as a fun girl’s night out visiting four bars.
She said she left the Beaver and remembered falling over and hitting the pavement in Saturday Market Square with her face.
She said remembered talking to a policeman and then getting a taxi with a pal to her home but they were locked out. She said she went with two friends, a man and a woman, to Lee Setford’s house. “The next think I remember was being sick,” said the woman. “I knew the layout of the house. I have been once before, two weeks previously. I met him once before.
“The next thing I remember was I woke up. I heard banging upstairs, some sort of noise. I came round I could feel him touching me.”
Crown barrister Richard Woolfall said the woman had made a victim impact report. “She said she has attended regular clinics for HIV assessment and was prescribed anti-depressants and Beta blocker and took eight weeks off work,” said Mr Woolfall.
“She was very upset at what happened. She is comforted, that the defendant has been convicted. She has returned to work and is off medication.”
Defence counsel Paul Genney criticised her for not going straight home and instead going to Kingswood were he accused her of partying. But the woman broke down in tears: “My mum is very protective..
“We don’t lie and hide things.
“I was crying for four hours.
“I did not want her to see me..”
Crown barrister Richard Woolfall told the jury: “The Crown’s case is this defendant took advantage of a woman who was asleep through drink. He did not care about her.
“He wanted what was on his mind. It was carnal. There was no romance to it. He had her there and simply satisfied himself. He did what he wanted to do regardless of the fact she may have got pregnant.
“He did not care about the consequences. The fact was he was prepared to take risks.
“He had sex with her when she was asleep and out of it. That happens to be labelled rape.”
Defence barrister Paul Genney said: “He is 29. He has not experienced custody before. He is finding it extremely difficult.
“He will lose everything. He has a house, but it looks like he will lose that.
“He is a bricklayer and he will lose that job. He is facing an uncertain future.” The judge ordered Setford should sign on the National Sex Offenders’ Register indefinitely. He also made a 10-year restraining order preventing him contacting the victim.