Salim Kouider-Aissa was jailed for two years after he was convicted of sexually assaulting a women while she was asleep.

The former Airdrie player was accused of the sexual assault on the 31st October 2021. The victim claimed the she met the appellant at a friend’s flat before she went into a spare bedroom to sleep. She then told the court how she woke up to the appellant behind her. 

The victim told the court, “I went into bed myself and was shocked to have someone behind me. I was shouting ‘what are you doing’ and he said ‘I thought you were awake, what have I done’.

The appellant denied sexually assaulting the women claiming that he believed she was awake and that there was reasonable belief in consent. 

He claimed that this conviction was a miscarriage of justice and accordingly appealed. 

The appeal was based on a direction given by the trial sheriff. The trial Sheriff refused to allow evidence to be lead that said the appellant and the victim had been seen to be dancing together and kissing in the living room. Counsel for the appellant beloved that this was a fundamental price of evidence that formed the appellant belief that there was a mutual attraction. 

The crown argued that “The issue for the trial was focused and straightforward, that being whether the complainer was asleep and therefore incapable of consent. The agreement to dance and kiss, even if it did occur and it was disputed, has no bearing on the digital penetration which occurred later at a point in time when the complainer was asleep.”

The appeal was refused.