Rapist convicted after victim secretly recorded cafe confession

David Smyth admitted to raping woman while she slept, recording played to jury

By LineZotpaper

Published23 October 2026

Read Time2 min

A Falkirk man has been convicted of rape after his victim lured him to a cafe and secretly recorded him admitting the assault. David Smyth, 36, was found guilty by a jury at the High Court in Stirling of raping the woman while she slept after a night out in 2019. The conviction hinged on a recording in which Smyth told her he 'liked being in control' and acknowledged she could not say no.

David Smyth, an IT operative and former charity worker, has been jailed pending sentencing after a jury found him guilty of raping a woman at a house in Falkirk in 2019. The court heard that the victim, now also 36, decided to confront Smyth after reading a report titled 'The Sexual Assault of Sleeping Women'. She invited him to a cafe and initiated a friendly conversation, holding her phone beneath the table to record his words.

The recording, played to the jury, captured Smyth admitting to the assault. When asked why he had sex with her while she was asleep, he replied, 'Because I wanted to have sex. I liked having sex. I liked being in control. You weren't saying no.' When she stated she could not say no, he agreed: 'No, you couldn't say no, not in the state you were in.' He added that he had had sex with her while she was asleep 'seven or eight times' and that 'in a way it was to feel powerful.' The woman testified that Smyth himself used the word 'rape', saying 'I'm sorry I raped you.' She said she had been left horrified, terrified and scared, and suffers nightmares.

In court, however, Smyth denied rape and claimed all sexual intercourse had been consensual. He told the jury he had made his admissions to 'appease' or 'placate' her. Prosecutor Carrie Stevens described his evidence as ridiculous. Advocate Jonathan Crowe, defending, argued that the woman had 'lured' him to the cafe and asked a series of leading questions.

Smyth wept in the dock as the verdict was announced and mouthed 'I'm sorry' to supporters. Judge Lord Young deferred sentence until November 19 at the High Court in Edinburgh, revoked bail and remanded Smyth in custody. As family members left the courtroom, a woman shouted to jurors, 'You got it wrong.'

Analysis

Why This Matters

The case demonstrates how victims can gather evidence of sexual crimes through careful planning, potentially encouraging others to come forward.
It highlights the legal admissibility of covert recordings made by victims, raising important questions about evidence-gathering outside formal police procedures.
The verdict reinforces that consent cannot be given when a person is asleep or unconscious, a principle that remains central to sexual assault law.

Background

David Smyth, 36, was employed as an IT operative and had previously worked for a carers' charity. He and the victim had been in a relationship, and the court heard that consensual sex between them occurred only 'once in a blue moon'. The woman said she had woken up on several occasions with a feeling that she had had sex without being aware of it. After reading a report on sleeping women and sexual assault, she decided to confront Smyth directly. She invited him to a cafe in Falkirk and recorded their conversation. The recording became the central piece of evidence in the trial, which took place at the High Court in Stirling. The jury initially considered an allegation of rape on 'various occasions' but amended the charge to a single incident.

Key Perspectives

Prosecutor Carrie Stevens: Described Smyth's evidence as 'ridiculous', dismissing his claim that his admissions were made only to appease the victim. The prosecution relied on the recorded confession and the victim's testimony to secure the conviction. Defence advocate Jonathan Crowe: Argued that the victim had 'lured' Smyth to the cafe and asked leading questions, suggesting the admissions were not freely given. He portrayed the recording as a staged encounter rather than a genuine confession. David Smyth: Initially admitted to the assault in private messages and in the cafe recording, but in court denied rape and claimed all sexual contact was consensual. He told the jury he had concluded after reflection that he had not raped her, and that his earlier admissions were aimed at placating the victim.

What to Watch

Sentencing scheduled for November 19 at the High Court in Edinburgh, where Judge Lord Young will determine the length of imprisonment.
Potential appeal by the defence, particularly on the admissibility or interpretation of the covert recording.
Public and legal reaction to the use of secretly recorded evidence, which may influence future case strategies.

Sources

Man admitted to victim he raped her while she slept in recorded café confession · STV News

Checked

12 claims in this story checked against 1 source: 10 supported.

Show each claim

SupportedDavid Smyth was convicted after the victim secretly recorded him confessing at a café.STV News: “A rapist who was brought to justice after his victim “lured” him to a café and secretly taped his confession has been jailed.”
SupportedSmyth admitted raping the woman while she slept, and the recording was played to the jury.STV News: “David Smyth admitted raping the woman while she slept after a night out with friends.”
Partly supportedThe conviction hinged on the recording.STV News: “His victim secured evidence that helped convict him by inviting him to a cafe and initiating a “friendly” conversation.”
SupportedSmyth said, “Because I wanted to have sex. I liked having sex. I liked being in control. You weren't saying no.”STV News: “Smyth replied: “Because I wanted to have sex. I liked having sex. I liked being in control. You weren’t saying no.””
Partly supportedSmyth said, “in a way it was to feel powerful.”STV News: “He added: “I think in a way it was to feel powerful.””
SupportedSmyth said he had had sex with her while she was asleep “seven or eight times”.STV News: “He told her he’d had sex with her when she was asleep “seven or eight times”.”
SupportedThe woman said Smyth told her, “I'm sorry I raped you.”STV News: “She said: “It was he who said ‘rape’. He said, ‘I’m sorry I raped you’. I remember gasping.””
SupportedSmyth, 36, was found guilty of raping the woman at a house in Falkirk on one occasion in 2019.STV News: “Smith, 36, who used to work at a carers’ charity, was found guilty by a jury on Thursday of raping the woman at a house in Falkirk on an occasion in 2019. A jury deleted an allegation that he had raped her on “various occasions”, changing the wording to mean just once.”
SupportedThe victim was also 36 and secretly recorded Smyth at a café after deciding to confront him.STV News: “His victim secured evidence that helped convict him by inviting him to a cafe and initiating a “friendly” conversation. She held her phone beneath the table and recorded his words.”
SupportedSmyth denied rape and said their sexual intercourse was consensual; he said he made his admissions to appease or placate her.STV News: “In court, however, Smyth, of Brightons, Falkirk, denied rape, and said that all sexual intercourse they’d had was consensual. He claimed he had made his admissions to “appease” or “placate” her.”
SupportedSmyth was remanded in custody pending sentencing on November 19 at the High Court in Edinburgh.STV News: “Judge Lord Young deferred sentence until November 19 at the High Court in Edinburgh. Revoking bail and remanding Smyth in custody”
SupportedA woman shouted to the jurors, “You got it wrong.”STV News: “As Smyth’s family members left the courtroom, a woman shouted to jurors: “You got it wrong.””