A former police officer who filmed himself raping a sleeping woman has been jailed for seven years. Derek McNee, 43, preyed on his victim at a house in Milngavie, East Dunbartonshire, in 2025, and was caught after police found four videos on his mobile phone. He admitted raping one woman on multiple occasions after giving her drugs that rendered her unconscious, pleaded guilty to a five-year course of abusive behaviour towards a second woman, and admitted possessing an electronic stun gun.
McNee spent seven years in the police before leaving in 2016 and becoming a dog groomer in Paisley. He had a history of drug taking.
Sentencing McNee at the High Court in Glasgow, Judge David Young KC told him: "As you recognise, there can be no free agreement when someone is incapable to give consent." The judge said one woman, in two victim impact statements, had described her "misery" and how she remains affected.
Prosecutor Ruaraidh Ferguson told the court the videos recovered from McNee's telephone depict him performing sexual acts on the woman while she was "clearly and obviously intoxicated" and, at various stages, asleep or unconscious. In one 35-minute video he tells her: "Do not f***ing move. Do not wriggle about. Stay still, shut up." In another clip he wears a mask across his eyes and the woman is "fully unresponsive throughout". In the final video, the victim is initially awake and, asked what was going to happen, replies: "Get raped." She said she was "drunk" before falling asleep.
McNee pleaded guilty to hounding a second woman between 2021 and 2025 in Glasgow and Paisley, making insulting remarks to her. She was forced to change her phone number, but he found it and contacted her almost 30 times in two days.
He had previously been spared jail in 2021 for terrorising a young woman, who recalled "the devil in his eyes", an ordeal that included assault, threats to kill her and tearing up her designer jacket with tweezers. He was given supervision and a curfew after being convicted of engaging in abusive conduct.
Tony Graham KC, defending, told the court: "He has accepted his guilt - that is the best thing that can be said in mitigation on his behalf."
McNee was also placed on the sex offenders list and banned from contacting or approaching the victims, both for an indefinite period. Judge Young ordered him to be monitored for a further 18 months on release.
Analysis
Why This Matters
- The case shows how video evidence can be decisive in sexual offence prosecutions where the victim was asleep or unconscious.
- The sentence follows a 2021 conviction in which McNee avoided jail, highlighting how serial abusive behaviour is treated by the courts.
- The indefinite contact bans and post-release monitoring are meant to protect the two victims after his release.
Background
In Scots law, consent to sexual activity cannot be given by someone who is asleep, unconscious or incapacitated by drugs or alcohol. The case also involves a former police officer who left the force in 2016, and a prior conviction for abusive conduct that resulted in supervision and a curfew rather than prison.
Key Perspectives
- Judge David Young KC: said there can be no free agreement when someone is incapable of giving consent, and noted the "misery" described in one victim's impact statements.
- Prosecutor Ruaraidh Ferguson: said the videos show McNee performing sexual acts on the woman while she was "clearly and obviously intoxicated" and, at stages, asleep or unconscious.
- Tony Graham KC, defending: said McNee has accepted his guilt, which was the best thing that could be said in mitigation.
What to Watch
- The 18 months of monitoring McNee will face on release, and the indefinite bans on contacting or approaching the victims.
- Any appeal against the seven-year sentence would mark the next stage in the case.
Checked
12 claims in this story checked against 1 source: 12 supported.
Show each claim
- SupportedMcNee was jailed for seven years.STV News: “A former police officer who filmed himself raping a sleeping woman has been jailed for seven years.”
- SupportedMcNee filmed himself raping a sleeping woman.STV News: “A former police officer who filmed himself raping a sleeping woman has been jailed for seven years.”
- SupportedMcNee admitted abusing two women and possessing a stun gun.STV News: “McNee was sentenced at the High Court in Glasgow, where he admitted to degrading and controlling behaviour towards two women – raping one victim on multiple occasions after giving her drugs which rendered her unconscious. He pled guilty to domestic abuse charges described as a course of abusive behaviour spanning a five-year period in relation to a second woman. He further admitted being in possession of an electronic stun gun”
- SupportedMcNee preyed on his victim at a house in Milngavie, East Dunbartonshire, in 2025.STV News: “Derek McNee repeatedly preyed on his victim at a house in Milngavie, East Dunbartonshire, in 2025.”
- SupportedPolice found four videos on McNee’s mobile phone.STV News: “The 43-year-old was caught after police found four incriminating videos on his mobile phone which he had captured.”
- SupportedMcNee admitted raping one woman on multiple occasions after giving her drugs that rendered her unconscious.STV News: “he admitted to degrading and controlling behaviour towards two women – raping one victim on multiple occasions after giving her drugs which rendered her unconscious.”
- SupportedMcNee pleaded guilty to a five-year course of abusive behaviour towards a second woman.STV News: “He pled guilty to domestic abuse charges described as a course of abusive behaviour spanning a five-year period in relation to a second woman.”
- SupportedJudge David Young KC said: “As you recognise, there can be no free agreement when someone is incapable to give consent.”STV News: “He told the attacker: “As you recognise, there can be no free agreement when someone is incapable to give consent.””
- SupportedProsecutor Ruaraidh Ferguson said the videos showed McNee performing sexual acts while the woman was “clearly and obviously intoxicated”, and that at stages she was asleep or unconscious.STV News: ““Four videos were recovered from his telephone which depict McNee performing sexual acts on the woman while she is clearly and obviously intoxicated. “At various stages, she is asleep or unconscious.””
- SupportedIn a 35-minute video, McNee said: “Do not f***ing move. Do not wriggle about. Stay still, shut up.”STV News: “This included a 35-minute video during which he states to the woman: “Do not f***ing move. Do not wriggle about. Stay still, shut up.””
- SupportedMcNee contacted the second woman almost 30 times in two days after she changed her phone number.STV News: “She was forced to change her phone number, but McNee found what it was and contacted her almost 30 times in two days.”
- SupportedMcNee had previously been spared jail in 2021 for terrorising a young woman, and the ordeal included assault, threats to kill her and tearing her designer jacket with tweezers.STV News: “He had previously been spared jail in 2021 for terrorising a young woman, who recalled “the devil in his eyes”. ... This included being assaulted, threatening to kill her and tearing up her designer jacket with tweezers.”