Leeds sex attacker who struck in victim's own bedroom is jailed

Wayne Smythe was among a group of around eight people the woman invited back to her home in the early hours after she had been on a night out with friends, Leeds Crown Court heard.

Christopher Dunn, prosecuting said drinking continued at the woman's home and she was feeling drunk and went upstairs to go to bed.

Mr Dunn said she was getting ready for bed when Smythe went into her bedroom and sexually assaulted her.

The woman told Smythe to stop and he left the bedroom.

Mr Dunn said she went to bed and was either asleep or about to fall asleep when Smythe got in her bed and sexually assaulted her for a second time.

Mr Dunn said the woman tried to call 999 but Smythe grabbed her phone and stopped her during the attack in July 2017.

The woman managed to run downstairs to raise the alarm and Smythe was attacked by other men at the house and was later arrested.

Mr Dunn said: "It has had a significant impact on her. She has been violated in her own bedroom and does not now feel safe or secure."

Smythe's DNA was found in his victim's underwear.

Smythe, age 37, of Haslewood Drive, Burmantofts, admitted two charges of sexual assault.

He has previous convictions for wounding, fraud and possessing cannabis.

Marcus Waite, mitigating said Smythe was drunk, adding: "The defendant simply doesn't recall events He accepts the evidence against him."

Mr Waite said Smythe has a number of health problems including epilepsy after suffering a brain haemorrhage.

Jailing Smythe for four-years-and-eight-months, Judge Simon Phillips QC told him: "You saw she went to use her mobile phone to try to dial 999, but you prevented her doing that and you told her not to move.

"You told her you were going to the toilet and she took the opportunity to flee to the living room.

"She was distressed, crying. You had forced yourself upon her.

"Undoubtedly you were drunk, so drunk that you have no recollection of the events.

"You originate from Zimbabwe. You have a right to remain in this country."

Judge Phillips said the woman now struggles to sleep, adding: "She suffers flashbacks and her relationships are affected. She feels insecure and suffers depression.

"She refers to this as a dark cloud on her. She is left feeling violated and that you have ruined her life."

Smythe's name will be on the sex offender register for life.