Controlling domestic abuser who raped three women – including two on same night – slapped with life-long restriction order
Last updated 3rd May 2024
A controlling domestic abuser who raped three women – including two on the same night – has today (Friday) been jailed for a minimum of six years and slapped with a life-long restriction order.
Aaron Carson Swan was found guilty of six charges dating back more than a decade, including the serious sexual assault of two victims as they slept at a property in the Scottish Borders.
While he has to spend a minimum of six years behind bars, the judge - Lord Weir - warned him there's no guarantee he will be released at that end of that period - saying he presents a "very high risk" of causing more harm.
The court heard Swan's "capacity for violent, manipulative, self-centred and, frankly, sinister behaviour" has had a "profound and lasting effect" on his victims.
Today's sentence means the 39-year-old, from Jedburgh, will be subject to restrictions for the rest of his life.
In addition, he has been banned from contacting his victims and placed on the Sex Offenders Register indefinitely.
Passing sentence at the High Court in Inverness, Lord Weir said: "The nature and circumstances of the crimes you were found to have committed, coupled with your record, the many risk factors identified in the risk assessment report, and the lack of any significant protective factors, are such as to satisfy me that there is a likelihood that, if at liberty, you will seriously endanger the lives, or the physical or psychological well-being, of members of the public at large.
"This disposal constitutes a sentence of imprisonment for an indeterminate period. It means that you will only ever be released from prison into the community if the Parole Board can be satisfied that public safety will not be endangered were that to happen."
Swan was also convicted of one charge under Section 1 of the Domestic Abuse (Scotland) Act 2018 for abusing a partner including coercive and controlling behaviour.
He repeatedly contacted the woman by telephone, harassed her, psychologically manipulated her, monitored her movements, asked relatives for information about her and uttered threats of violence all while threatening to harm himself.
He was also found guilty of assaulting the victim by strangling her and pinning her against a car during an incident in July 2019 after initially calling her for help.
Swan was convicted of raping two women who were asleep and therefore unable to consent in April 2013.
He also raped a third woman in February 2020 after she withdrew consent during sexual intercourse.
Commenting on the case, Scotland’s Procurator Fiscal for High Court Sexual Offences, Katrina Parkes, said: “The victims of Aaron Carson Swan’s depravity have shown great courage and resolve in coming forward and reporting him to the authorities.
“The ordeals they endured at the hands of this man have weighed heavily and will undoubtedly have a lasting impact.
“Their evidence has ensured he has been held to account for his appalling criminal behaviour and their bravery has helped protect other women from this dangerous individual.
“Swan has been brought to justice after a thorough investigation by the police and our expert prosecutors."
The Order for Lifelong Restriction (OLR) is a unique sentence made up of a minimum period of time of imprisonment – called the punishment part – and lifelong risk management. It is designed to protect the public from the risk of serious harm.
Ms Parkes added: "I would urge anyone who has been victim of similar crime to come forward: report it and seek support. The Crown is committed to effectively prosecuting all sexual offenders.”
Swan committed the offences in the Borders between 2013 and 2022.
Detective Constable Jessica Laycock, from Police Scotland, said: “I hope this sentencing provides some measure of closure for the victims.
“Sexual abuse has no place in our society and any reports made to Police Scotland will be robustly investigated.
“If you are experiencing abuse, or know someone who is, please contact us direct or through our partner agencies. We will take action, no matter the timescale.”
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