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'Good Samaritan' raped by convict 'Good Samaritan' raped by convict
(29 minutes later)
A rapist freed early from prison has been jailed for seven years for raping a woman who went to his aid.A rapist freed early from prison has been jailed for seven years for raping a woman who went to his aid.
Alan Mullen, 45, from Irvine, North Ayrshire, pleaded guilty to raping the 36-year-old woman at his flat.Alan Mullen, 45, from Irvine, North Ayrshire, pleaded guilty to raping the 36-year-old woman at his flat.
At the time of the attack, on 5 April, he was out of prison on licence after serving part of a four-year sentence for rape, imposed in 2003.At the time of the attack, on 5 April, he was out of prison on licence after serving part of a four-year sentence for rape, imposed in 2003.
The court heard Mullen's victim had gone to his flat to help him after he had been assaulted.The court heard Mullen's victim had gone to his flat to help him after he had been assaulted.
Sentencing him, at the High Court in Edinburgh, judge Lord Macphail said: "On this occasion your victim came to your assistance after you had been assaulted.Sentencing him, at the High Court in Edinburgh, judge Lord Macphail said: "On this occasion your victim came to your assistance after you had been assaulted.
READ THE SENTENCING STATEMENT HMA v Alan Mullen [65KB] Most computers will open this document automatically, but you may need Adobe Reader Download the reader here
"After rendering you assistance, you prevented her from leaving the flat, forced her to the floor and struggled with her while she was shouting and screaming."After rendering you assistance, you prevented her from leaving the flat, forced her to the floor and struggled with her while she was shouting and screaming.
READ THE SENTENCING STATEMENT HMA v Alan Mullen [65KB] Most computers will open this document automatically, but you may need Adobe Reader Download the reader here
"You tried to smother her screams by putting your forearm across her mouth and committed this crime.""You tried to smother her screams by putting your forearm across her mouth and committed this crime."
After the rape, the victim returned to Mullen's flat with a hammer and hit him.After the rape, the victim returned to Mullen's flat with a hammer and hit him.
Defence counsel Derick Nelson said Mullen's list of criminal offences was "alcohol fuelled from a very early age".Defence counsel Derick Nelson said Mullen's list of criminal offences was "alcohol fuelled from a very early age".
He was first convicted of rape on 13 August, 2003 and released on 12 April, 2006. He was first convicted of rape on 13 August, 2003 and released on 12 April, 2006 - two thirds of the way through his sentence.
Public protection
Lord Macphail said Mullen should serve four months of his last jail term before starting the new sentence.Lord Macphail said Mullen should serve four months of his last jail term before starting the new sentence.
He will be kept under supervision for three years after his release.He will be kept under supervision for three years after his release.
A spokesman for the Scottish Government said it was committed to ending automatic, unconditional early release of prisoners.
"New legislation to end the automatic, unconditional early release of prisoners was passed in the last parliament," he said.
"We are now considering how best this can be delivered within our overall objective of achieving a coherent penal policy that truly improves public protection and reduces re-offending."
Bill Aitken, Scottish Conservatives spokesman for justice, said there would need to be "root and branch change to restore public confidence".
"Yet another vicious assault, yet another victim," he said.
"A review of early release is long overdue.
"We cannot continue along the present lines."