• Daryl Smith’s convictions were quashed on 26th August 2014 following an appeal at the High Court in Edinburgh.
A lifeboat crewman was jailed for four and a half years today after subjecting a teenager to a rape ordeal.
Daryl Smith, 23, turned up unexpectedly at the victim’s home in Shetland and was let in before raping her on two occasions.
A judge told Smith at the High Court in Edinburgh: “The evidence disclosed you had been drinking that evening and she had not.”
Lady Wise said it was clear that the victim had been badly affected both at the time of the incident and subsequently.
The judge said that from the way the victim gave evidence at Smith’s earlier trial “she continues to struggle with what took place”.
Lady Wise said: “I am of the view that a custodial sentence of a reasonable duration is required to mark the seriousness of your behaviour and to act as a deterrent.”
The judge said she took into account that Smith had held “positions of responsibility and worth to the community” both through serving in the Territorial Army and with the lifeboat service.
Smith attacked the woman and pulled her trousers down before having sex with her last year. He repeatedly refused to leave her home despite being asked to and the victim fled to the bathroom and locked the door to seek refuge and escape from him.
Smith, formerly of Brind, Cunningsburgh, had earlier denied raping the woman and claimed that sex that took place was consensual, but was convicted of two charges of rape by a jury.
Defence counsel Brian McConnachie QC told the court: “He maintains that he was not offending.”
Mr McConnachie said although there were two separate charges they occurred on the same night and were “effectively within minutes of each other” and asked the court to treat it as one incident.
The defence counsel said of Smith: “He is someone who has had a very good work ethic from the time of leaving school.”
He said he had also taken the opportunity to serve his country through the Territorial Army.
Mr McConnachie said Smith had also been a member of the lifeboat crew in Lerwick for about two and a half years.
He said the incident had occurred 18 months ago and there appeared to have been no further offending in that period of time.
The defence counsel said: “He is, to all intents and purposes, a first offender.”
Mr McConnachie said Smith had never previously served a custodial sentence.
But Lady Wise pointed out that both the rapes had involved an element of force.
Smith was placed on the sex offenders’ register indefinitely.