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'Good Samaritan' raped by convict | 'Good Samaritan' raped by convict |
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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. |
"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 - 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." |