Man accused of raping student in Glasgow West End flat walks out of court

A 22-year-old man from Lanarkshire has been acquitted of charges of raping a sleeping student and sexually abusing a second student while she was unconscious.

Christopher McNally had denied having “taken advantage” of his former friends when they stayed at his flat in Glasgow’s West End.

He said both young women readily agreed to let him go to bed with them after their nights of drinking, although he offered to sleep on his couch.

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However, the girls – both now in their early 20s – told a jury at the High Court in Livingston that McNally sexually abused them while they were asleep and unable to give or withhold consent.

McNally, of Wishaw, North Lanarkshire, pleaded not guilty to committing the offences between April and June 2021 at his then home in Byres Road, Glasgow.

He presented his special defence, claiming that all sexual contact with the complainants was consensual and accusing both students of lying about the incidents.

The jury found that his statements raised legitimate doubts about what happened and the majority of them reached a verdict that the charge of rape and two counts of sexual assault were “not proven”.

The plaintiff, who alleged rape, told the jury how she woke up to find the defendant with his hands down her pants and penetrating her with his fingers. She said he then pulled her onto her back, lay on top of her and kissed her before removing her underwear and raping her.

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She said she was “whimpering” because of the pain caused by the forced intercourse and she “froze” and stared at the ceiling as he continued to rape her.

Afterwards, she said, she pulled her knees to her chest and hugged a pillow for comfort.

The other woman claimed she was assaulted by McNally on two separate occasions while staying at his apartment – ​​on April 10, 2021 and May 1, 2021.

The first time, she claimed, she woke up and realized that he was holding her from behind in the spoon position and then touching her breast.

The second time, she said, she woke up to find him rubbing his erect penis on her back.

She said he then wrestled with her, put his leg over hers and touched her breast before putting his hand inside her underwear and touching her vagina.

McNally, 22, said he was suspended from his zoology studies when the alleged offenses came to light and is currently working as a keeper.

In his testimony, he categorically denied having committed any of the crimes and claimed that both women had lied.

He admitted to having sexual intercourse with the alleged rape victim, but claimed he could tell she was awake by her responsiveness and the fact that her eyes were open.

He denied her statement that she did not engage with him during intercourse and even claimed that she had agreed that he did not have to use a condom.

His defence lawyer Callum Hiller reminded him: “She said she was upset and moaning because she was in pain.”

McNally replied, “I heard her, but she was not agitated – no sounds of pain.”

Mr. Hiller asked, “Did she make any noises?” and McNally replied, “Noises of joy.”

He said they both went to sleep after sex, but admitted she was upset when they woke up later.

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When asked if she cried, he said: “I wouldn’t say she cried. I would say anger, self-hatred for cheating on her boyfriend. We talked about it.”

He admitted: “I apologized at some point. Basically for ruining their relationship.”

He denied the claim that he apologized for having sex with her even though she did not want him to.

He claimed that he later sent her messages saying he was “wracked with guilt” and “I feel like what I did is completely unforgivable and I just hope you’re okay” because he was sorry for destroying her relationship with her boyfriend, who was also a friend of his.

When asked how he felt about appearing in front of 15 strangers accused of rape and sexual abuse, he said, “Sick, absolutely sick.”

Assistant District Attorney David Fiskin told McNally, “The situation here is that you saw an opportunity when these two women were staying at your apartment and you sexually assaulted one of them and raped the other.” McNally responded, “That is not the case.”

Mr Fiskin added: “You took advantage of the situation, didn’t you?” The defendant replied: “I did not take advantage of it.”

McNally had previously been acquitted of two other charges of sexual assault after prosecutors withdrew the charges at the end of the trial.

Following the unproven verdicts, Judge Jane Farquharson officially acquitted McNally and told him he could leave the courtroom.