Dale Everard: Man jailed for sexual assault on woman’s sleeping boyfriend

Victim says he believed it was his girlfriend

Dunfermline Sheriff Court (Google Street View)

A man thought his girlfriend was performing a sex act on him as he slept - only to wake up and find he was being sexually assaulted by a man the couple had met the night before in a pub.

Dale Everard, 22, of Rosyth, was reportedly jailed for 18 months over the attack and is now on the sex offenders list.

Dunfermline Sheriff Court heard the assault happened after the victim, who cannot be named for legal reasons, was on a night out in Dunfermline, Fife, with his girlfriend.

The couple had met Everard in a nightclub, where he complained to them that his blind date with a man that night had gone badly, according to The Courier.

The victim went home early complaining of a headache, leaving his girlfriend with Everard.

She invited Everard back to the home she shared with her boyfriend. That caused the couple to have an argument, with the victim sleeping fully clothed on top of the sheets on his bed, while she slept on the sofa.

The court heard Everard entered the bedroom and lowered his trousers and underpants, before touching the victim’s genitals and performing a sex act on him.

The court heard the man believed it was his girlfriend and allowed it to continue, but opened his eyes to see it was Everard - leaving him “in a state of shock and anger”.

Everard admitted assaulting the man while he was asleep, under the influence of alcohol and incapable of giving or withholding consent.

Sheriff Craig McSherry said: “Despite the 22-year-old being a first offender, the crime was so serious that a custodial sentence was necessary,” reported The Courier.

He told Everard: “This was a serious offence carried out with considerable forethought.

"You befriended the victim’s girlfriend, went back to the flat with her, entered the bedroom and carried out the sexual assault.”

Defence solicitor Stephen Morrison had said his client’s recollection of events was “extremely limited because of the excessive consumption of alcohol but he’s aware that’s not excuse.”