A rapist who was brought to justice by the evidence of a teenage murder victim has been jailed for four and a half years.
Despicable Garry Cain, 27, preyed on the female, who cannot be named for legal reasons, on July 16 2021 in Blantyre.
The high court heard how his 16-year-old victim’s DNA was found inside his jogging bottoms and on his private parts.
The jury also heard that the teenager contacted Amber Gibson shortly after the assault - she was later killed by her brother Connor in 2021.
Amber spoke to detectives investigating the attack. She gave them a statement about how the girl told her that Cain had raped her.
Judge Lord Arthurson remanded Cain in custody and called for a report into his background.
On Tuesday, at the High Court in Edinburgh, Cain was given a jail term by judge Lord Arthurson who had earlier heard from defence advocate John Brannigan.
The lawyer told the court of how the sex offender still maintains he was innocent of any wrongdoing.
Passing sentence, Lord Arthurson said: “I have listened with care to the submissions made by your counsel this morning.
“In any case, you will be well aware that only a significant custodial sentence is appropriate in this case.”
However, jurors heard evidence of how Cain attacked the girl in woods near Ellisland Drive in Blantyre.
The jury heard evidence about how Cain pushed her down an embankment, removed her lower clothing and then restrained her moments before raping her.
Cain, who was the subject to three bail orders at the time, denied any wrongdoing.
But his victim -now aged 18 - told the court via cctv link about how she had gone to Calder Park, Blantyre, with the accused and two others for an afternoon drinking session.
The teenager said they had been swimming at a waterfall before she and the accused walked ahead of their two friends.
She said: “He pushed me down a hill. I was already on my back and he came down the hill behind me and went on top of me. He pulled my trousers and my pants down. He tried to put his penis inside me, and he did.”
Cain ordered her not to tell anyone. But she disclosed her ordeal to Amber Gibson.
A signed police statement from Amber was read to the jury by a detective.
In it, the deceased teenager told how the alleged victim was crying when she spoke to her.
Amber said: “She told me on the phone that one of the guys… pushed her down a hill. She also said the guy raped her.”
When she met her friend and another female in Blantyre that evening she said the victim was very upset and crying.
“(The victim) said to me: ‘There. He’s there!’ I said ‘Who?” and she said: ‘That’s Garry, the guy. That’s Garry!’”
Her statement continued: “The police arrived. I went with (the victim) for support and she took us up to where it took place. I could not identify Garry again.”
Giving evidence in his own defence, Cain denied that the scientific evidence was against him.
Prosecutor Alistair Murray said: “Your DNA on her pants, her DNA on your tracksuit bottoms, her DNA on your penis. You raped her, didn’t you?”
He replied: “No I didn’t. I’m not a liar. I did not rape her.”
On Tuesday, Mr Brannigan told the court that his client was his client still maintained he didn’t attack the girl and told a court appointed social worker that he didn’t do anything wrong.
He added: “He maintains the position that he took during the trial - it is mentioned throughout the report.
“His family still continue to support him.”
Lord Arthurson also placed Cain on the Sex Offenders Register for life.
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