A man who sexually assaulted a woman as she slept has finally been sentenced more than four years since his “grave trespass.”

Dale Kay, 33, assaulted the woman as she slept in a friend’s house after a night out in spring 2019.

Bolton Crown Court heard how he was known to the woman’s friend but had not been invited to the house.

Anna Bond, prosecuting, said: “She woke to find that he was penetrating her.

“He hadn’t been in the house earlier, he had his eyes closed and a smile on his face.”

The Bolton News: The case was heard at Bolton Crown CourtThe case was heard at Bolton Crown Court (Image: Newsquest)

Kay, of Mytham Road, Little Lever, was arrested on March 8 2020 after a friend of his victim told the police.

When interviewed he claimed that he could remember nothing about the night in question.

Ms Bond told the court how Kay’s victim had been left in “constant concern” that Kay’s trial could not have been dealt with sooner.

Reading a statement from the victim, she said: “The thought of seeing him in public would make my stomach turn.”

But Kay, who has 18 previous convictions for 28 offences, eventually pleaded guilty to assault by penetration on what would have been the first day of his trial on May 2 this year.

None of Kay’s previous offences have been for sexual offences, but the court noted that he has previously been convicted of domestic violence offences.

William Staunton, defending, argued that Kay was still entitled to credit for his guilty plea and for sparing witnesses from having to give evidence.

He said: “He accepted my analysis of the evidence and accepted my analysis that a trial would have been in nobody’s interest.”

He added: “It was unfortunate that due to a blockage in the system this case could not be accommodated sooner.”

Mr Staunton told the court that at the time Kay’s thinking may have been “impaired through drinking and possible through drugs.”

He said: “It is an abhorrent and dreadful thing that he did, he understands that.

“Looking back at what he did, he says that it was illegal and that it was a grave trespass.”

Recorder Alexandra Simmonds accepted that Kay had pleaded guilty but reminded the court of the serious affect his actions had had on his victim.

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Addressing the defendant, she said: “You hadn’t been at the house earlier that night and she clearly didn’t consent to what you did.”

She added: “You have shown little remorse for your actions and indeed little insight into the consequences of your actions.”

Recorder Simmonds sentenced Kay to 20 months in prison.

She also made him subject to notification requirements for 10 years, with a restraining order banning him from contacting his victim also for 10 years.