A RAPIST who continued having sex with his victim after she withdrew consent has been jailed for five years in a landmark legal case.

Rogers Mutebi was prosecuted at the High Court in Edinburgh under the new Sexual Offences (Scotland) Act 2009 after he took advantage of a 24-year-old student he met at a nightclub. He was convicted under the provision that if a victim removes consent during sexual intercourse, and the accused continues, it is rape.

Advocate depute Gillian Wade, head of the National Sexual Crimes Unit and prosecutor in Mutebi's case, said: "I want there to be no doubt in anybody's mind that this act constitutes rape. No means no."

The court heard that the student, who cannot be named for legal reasons, had been drinking on a night out on March 11, last year, when she met Mutebi, 27, who had been living in Riddrie, Glasgow.

The pair went back to a flat and began having sex. However, the student told the court that she begged him to stop and he laughed at her.

Mutebi then stole her mobile phone and £170 as he left the property.

The Ugandan national, who faces being deported on his release from prison, had denied the rape.

Sandy Brindley, national co-ordinator of Rape Crisis Scotland, welcomed the conviction, saying: "It's very encouraging that a jury chose to convict in these circumstances - Hopefully this will lead to more confidence in women coming forward."