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Former officer jailed for seven years for raping sleeping woman
Former police officer Derek McNee has been jailed for seven years for raping a sleeping woman in Milngavie in 2025. The case highlights that a person who is asleep or unconscious cannot consent to sex, even if they had previously agreed to being filmed.
Police found four videos on McNee’s phone showing sexual acts while the woman was intoxicated, asleep or unconscious; she later asked him to delete the footage. McNee, 43, also admitted hounding another woman from 2021 to 2025 and possessing a stun gun. He was ordered to undergo 18 months’ monitoring after release, placed on the sex offenders register and banned from contacting or approaching the victims.
In short
- Derek McNee was jailed for seven years for rape.
- Four videos showed the victim asleep or unconscious.
- He also admitted harassment and possessing a stun gun.
Explained simply
Consent means freely agreeing to sexual activity. A person who is asleep or unconscious cannot give consent at the time, even if they had earlier agreed to be filmed or had consented to something else.
In Scotland, rape is a criminal offence, and courts can impose prison sentences and restrictions on contact with victims. Cases involving recordings can also raise questions about how footage was made and whether the people shown agreed to it.
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Originally published by Daily Mail as “Seven years for former cop who filmed himself raping sleeping woman”.