Man who raped mum in front of son is jailed
Tomasz Jasinski, 33, who had been drinking vodka, let himself into the woman's home where she was in bed before launching the attack on the shocked and terrified victim.
The judge, Lady Haldane, told him at the High Court in Edinburgh: “You have pled guilty to the rape of a woman in her own home on June 27 in 2021.
"You sexually assaulted her before raping her, all in the presence of her seven-year-old son. Witnessing such events must have been extremely distressing for such a young child."
The judge said: "Whilst it is to your credit that you have accepted responsibility for this offence and that you have shown remorse you have not been able to offer any explanation for why you did such a thing at all."
Lady Haldane said she would have jailed him for five years if he was convicted after a trial, but reduced the sentence following his guilty plea, which had spared the victim having to testify.
During the attack at the woman's home near a village in Berwickshire, Jasinski molested her, pulled down her lower clothing, seized her mobile phone and raped her.
The court heard that the Polish national had been staying at a bed and breakfast in the Borders with fellow countrymen, who were working on a building site. He was due to leave Scotland days after the attack was committed.
The court heard that father-of-three Jasinski was drinking shot glasses of vodka before he later made his way to the woman's home.
Advocate depute Ali Murray said the victim told her attacker “no” and tried to move away from him. During the attack he asked her if she liked it and she told him “no”.
Following the ordeal the woman went to neighbours who found her in an “extremely upset” condition.
Police were contacted and Jasinski was detained at the bed and breakfast and said: “I had sex but it wasn't rape. I have nothing to hide.”
Defence solicitor advocate Jennifer Cameron told the court that alcohol was clearly a factor in the first offender's conduct, but was not an excuse for his actions.
She said: “He is assessed generally as being at a low risk of reoffending. He has been in full-time employment since leaving school.”
Jasinski was told that he would be placed on the sex offenders' register indefinitely following his sentencing.