EDINBURGH RAPIST TOBY GAYFER SENTENCED FOR CRIME IN OLD TOWN
In a case that has shocked the community of Edinburgh, Toby Gayfer, aged 29, has been sentenced to four years in prison after being found guilty of raping a woman in the city’s historic Old Town district.The incident took place on December 18, 2021, at a residence in the area, and the court heard harrowing details of the assault and the subsequent actions of the offender.
According to court proceedings, the victim, a 26-year-old woman whose identity remains protected for legal reasons, was asleep at the time of the attack.
She had been out on a night out with Gayfer, who is known to work as a waiter, along with other friends.
In the early hours of that morning, she fell asleep at a property in Edinburgh’s Old Town.
She later awoke to find her clothes had been removed, and Gayfer was engaging in sexual acts with her without her consent.
The woman described her feelings during the assault, stating, “He was having sex with me.
He was holding his hand behind my back.
I froze.
I was scared.
I didn’t give him any invitation.” After the assault, the woman managed to leave the property, telling the court, “I told him not to touch me.
I started grabbing all my things and I left the flat.” The distressing account was supported by her conversation with detectives, during which she recounted the ordeal in detail.
Prosecutors presented evidence of text messages Gayfer sent to the woman afterward, in which he expressed remorse and apologized for his actions.
One message read, “I’m so f***ing sorry.
If there’s anything I can do to make up for it, I’ll do it,” while another stated, “I genuinely didn’t realise you were asleep.
Looking back on it, I should have been able to know.” These messages played a crucial role in the case, as they were used by prosecutors to demonstrate Gayfer’s awareness of the situation and his subsequent remorse.
Initially, Gayfer pleaded not guilty to the charge of rape, claiming that the sexual encounter was consensual.
However, the jury returned a guilty verdict on the third day of the trial, after considering the evidence, including the text messages and the victim’s testimony.
The court then deferred sentencing to allow for background reports on Gayfer to be prepared.
During the sentencing hearing, Judge Norman McFadyen, who observed proceedings via videolink from prison, emphasized that only a custodial sentence was appropriate given the gravity of the crime.
He stated, “I’m satisfied that only a custodial sentence is appropriate,” and confirmed that Gayfer would serve time for his actions.
Throughout the trial, the court heard how the victim, visibly distressed, recounted her experience to prosecutor Gavin Dewar.
She explained that she had been out with Gayfer and others before falling asleep.
Upon waking, she found herself in a vulnerable state, with her clothes removed and Gayfer raping her.
She described her fear and the lack of consent, saying, “He was having sex with me.
He was holding his hand behind my back.
I froze.
I was scared.
I didn’t give him any invitation.” Following the assault, she left the property, telling the court, “I told him not to touch me.
I started grabbing all my things and I left the flat.” The court also heard that Gayfer later sent her a series of apology messages, which she responded to with questions about the nature of consent, asking, “How can you call it consensual if I was asleep?” Gayfer’s reply was, “I’m so sorry.
I didn’t realise.
I know that’s hard to believe but it’s the truth.
I’m, so sorry.” Gayfer initially denied the charge, claiming the sexual activity was consensual, but the evidence presented, especially the messages, proved otherwise.
Prosecutor Dewar urged the jury to convict him, emphasizing that Gayfer knew exactly what had happened.
Defense lawyer Tony Lenehan KC requested the jury to acquit his client, arguing that the evidence did not prove guilt beyond reasonable doubt and asking for fairness.
After the guilty verdict, Gayfer appeared in court with his head bowed.
His legal representative requested bail, citing that he was a first-time offender and needed time to arrange his affairs.
The court considered this but ultimately sentenced him to four years in prison.
Additionally, Judge McFadyen ordered Gayfer to be placed on the Sex Offenders Register for life, reflecting the seriousness of his crime.
In a statement following the sentencing, Katrina Parkes, Scotland’s Procurator Fiscal for High Court Sexual Offences, praised the victim’s bravery in coming forward.
She stated, “The victim in this case has shown incredible bravery in coming forward after the harrowing ordeal she endured.
Toby Gayfer exploited her vulnerable position and raped her while she slept.
We hope today’s sentence offers some comfort to her while Gayfer faces the consequences of his despicable actions.
I would encourage all victims or witnesses of similar offending to come forward, report their experiences and seek support.
You will be heard and we will use all the tools available to us to pursue justice on your behalf.”
