Drunk man caught raping neighbour’s girlfriend claims he thought the woman was his wife

UK: A vile rapist tried to dodge jail by claiming he thought the woman he was having sex with was his girlfriend.

The attack took place on a sofa while the victim, who was staying over at a friend's house, slept.

That was when Mark Smith, who had been drinking, pounced.

Burnley Crown Court heard how the victim had fallen asleep on a sofa but in the early hours of the following morning woke to find 44-year-old Smith having sex with her.

She realised her underwear and pants were missing and Smith rolled off her, apologising.

Arrested and interviewed by police, he told officers he didn't know what he was doing and mistakenly believed, in his condition, that he was having sex with his girlfriend.

Smith, of Hogarth Avenue, Burnley, Lancashire, is now starting 73-month jail sentence after being told that his attack was a 'breach of trust' and how his victim felt 'disgusted and degraded' afterwards.

He must also serve an extended two-and-a-half years licence period after the court heard he had a previous conviction for a violent robbery of a 64-year-old, in which he snatched rings off his fingers in a doorstep confrontation.

Judge Beverley Lunt, who passed sentence on Smith, said: "There is a question of a breach of trust here."

Prosecutor Peter Barr said that Smith had only been released from custody for five weeks when the rape took place.

Kath Johnson, defending, said there was an element of a breach of trust in all such offences.

But in the circumstances there was not question of further violence having been offered and no other serious aggravating features.

The court heard that Smith had been convicted of robbery of a 64-year-old, which saw him grab the older man by the throat, leaving him gasping for breath, on his own doorstep before stealing rings.

Smith was jailed for four-and-a-half years for the robbery, and was later recalled to prison for breaking the terms of his licence.

One of his breaches came when he was let out from prison on day release and returned drunk.