Man jailed for rape in Livingston

Sep 23 2010 West Lothian Courier

A RAPIST who pounced on a shop assistant on a busy Livingston footpath has been told that his brutal attack was “the stuff of nightmares.”

Jailing Andrew Hamilton for five years and four months a judge blasted his claims of remorse as shallow and superficial.

The 23-year-old was told only his plea of guilty had saved him from a longer sentence.

The High Court in Edinburgh heard how Hamilton pounced on a path near Howden Road West, close to St John’s Hospital at around 4.20pm on May 12 this year.

Hamilton left his victim so hysterical that she was unable to speak when a former school friend tried to help her and she couldn’t even remember her own telephone number.

The court was told the attack on May 12 this year has ruined her life.

Hamilton struck as the teenager “dawdled along” on her way home from work, listening to music on her mobile phone and texting her sister.

Advocate depute Paul Kearney, prosecuting said that when Hamilton grabbed her she thought it must be one of her friends “larking about.”

“She soon realised that she was wrong,” said Mr Kearney.

Hamilton snatched the 18-year-old girl’s phone and earphones and began touching her. She thought her attacker was trying to rob her and asked if it was money he was after.

Hamilton then started tugging at the girl’s vest top and pulled down her leggings, said Mr Kearney.

Hamilton then raped her before walking quickly away.

The court heard that an old school friend noticed the 18-year-old looking scared and distressed and trying to cover her face with a scarf.

When the girl tried to use her friend’s phone to call her dad she was crying so much that she was unable to do so.

When her father arrived at the scene, he flagged down a passing ambulance. The paramedic also noted that the girl was hysterical and called police.

A careful search of the path beside the busy dual carriageway, which runs past the town’s civic centre and St John’s Hospital, revealed evidence which matched Hamilton’s DNA.

Hamilton had also been trying to sell the shop assistant’s iPhone to friends, the court heard.

When police searched his home at Linnet Brae, Livingston, they found white shoes and a black jacket which matched the shop assistant’s description of her attacker.

When questioned Hamilton denied having anything to do with the attack.

But in court he admitted robbing and raping the shop assistant.

Lord Tyre was told that before the rape the shop assistant was “a confident young woman.” Now she never goes anywhere alone and feels unsafe, except when she is at home with her family.

Solicitor advocate Richard Goddard, defending, said Hamilton had only intended to steal the girl’s iPhone but “matters escalated horribly.”

The lawyer said: “He himself has the greatest difficulty in trying to explain why he acted in that way.

“Mr Hamilton has expressed his complete and utter remorse as to his behaviour that day.”

Passing sentence, Lord Tyre said Hamilton had attacked a complete stranger walking home in broad daylight on a public path.

“This is the stuff of nightmares for many women,” he said. “The consequences have been serious. She is afraid to go out because of the memory of what you did to her that day.

“Reports do suggest doubts about whether the remorse you say you now feel is more than shallow or superficial.”

Lord Tyre also made an order extending the time Hamilton will remain on licence by five years and said his name would remain on the sex offenders’ register for life.