Diver from Shetland found guilty of rape

A diver from Shetland has been found guilty of raping a drunken woman more than seven years ago in Greyfriars Churchyard in Edinburgh.

Cy Sullivan, 26, who the court heard left his victim naked from the waist down and terrified and confused in the cemetery, was caught after his DNA was taken in October 2015 when he assaulted a bouncer.

His 42-year-old victim said: “What has happened to me is a living nightmare.”

In evidence, she described how she travelled from her home in the Highlands to attend a conference in Edinburgh and decided to visit the grave of Greyfriars Bobby.

The woman said she had at least eight glasses of wine and a police officer who saw her hours later at 5am described her as “intoxicated.”

At the High Court in Glasgow Sullivan denied rape and claimed he had consensual sex with the woman.

But after deliberating for two days the jury convicted Sullivan of raping the woman in the graveyard on November 27, 2009, when she was intoxicated and incapable of giving consent.

The court heard that the woman was spotted by two police officers. She was standing at railings inside the graveyard and appeared under the influence of alcohol.

She was taken to Gayfield police station and then examined by doctors and a DNA sample was taken.

The victim was asked by prosecutor Ian Wallace: “Do you remember leaving Greyfriars pub.”

She sobbed as she replied: “No. I remember coming round in the graveyard and there was a police lady. I was frozen and I was disorientated. I tried for some time to find my way out. It was like something happened and I had just come round. It was awful. I just felt awful, embarrassed. I had no clothing on my bottom half.”

The woman told the jurors that she had no memory of what happened after she left the pub until the police found her.

She was asked if she had any recollection of anyone having sex with her and replied: “No.”

Mr Wallace then said: “Did you want to have sex with anyone that night.”  The victim replied: “Definitely not.”

The court heard that at the time there was no match to the DNA found on her body, but in October 2015 there was a “hit” on the database after Sullivan was arrested and charged with assault and his DNA was taken.

Sullivan told the court he had bought the woman a drink and then had sex with her. He claimed that she appeared fine to him and not drunk.

He appeared in court with crutches and a wheelchair and told the jury he had been diagnosed with multiple sclerosis two weeks ago.

His defence counsel David Nicolson said: “Just after Christmas he had trouble with his right eye and with his balance. On 12th May a diagnosis was made. He was diagnosed as having multiple sclerosis.”

Judge Rita Rae remanded Sullivan in custody and placed him on the sex offenders’ register.

She told him: “Rape is one of the most serious charges we have to deal with in these courts and has long-lasting effects on women.

“I am reading an impact statement from the victim and she says: ‘What happened to me in a living nightmare.’

“It was obvious when she gave evidence she is still suffering.”

Lady Rae deferred sentence until next month for background reports.