A man who repeatedly raped and anally raped his ex-partner on a number of occasions when they met to discuss their child's welfare has been jailed for 10 and a half years.
The 45-year-old Dublin man, who can't be named to protect the anonymity of his victim, was found guilty by a Central Criminal Court jury of six counts of raping and anally raping the woman at her home on dates between January 2019 and September 2020.
He does not accept the verdicts of the jury, and has not expressed any remorse as a result, the court heard.
On Friday, Ms Justice Caroline Biggs said, it was a breach of trust in that the man raped his former partner who was the mother of his child. She noted the victim made it expressly clear that she was not consenting by repeatedly saying no and telling the man to stop.
Ms Justice Biggs noted the man use humiliating and degrading words while raping her, and that this occurred repeatedly. She noted the level of violence inflicted went beyond the inherent violence of the act of rape, including pulling the woman's hair, pushing her on to a bathroom floor, and pushing her on to a bed.
She handed down a sentence of 10 and a half years and ordered that the man remain under the supervision of the Probation Service for three years upon his release.
Sergeant Siobhan Tolan told Sean O'Carroll SC, prosecuting, that the man and woman had a relationship in 2016, resulting in the birth of their son. The relationship broke down but the pair kept in contact in relation to the care of their child.
In November 2019, the man and woman met at her apartment to discuss their son's birthday plans. The court heard the man then grabbed the woman and brought her into her bathroom where he raped and anally raped her.
The woman was pleading with him to stop, but he repeatedly told her she was his “slut” and, to “shut up”, the court heard.
The man went on to rape and anally rape his former partner in a similar way at her home on subsequent dates in March 2020 and September 2020 when he was again in her home to discuss their child.
The court heard both the man and the woman had issues with drug addiction at the time.
The woman went to gardaí after the third incident and the man was arrested the following month. He has been in custody since he was found guilty at his trial in February.
In her victim impact statement, which she read out at the sentence hearing, the woman said the man kept trying to get back into her life after they broke up. “He would use his charm on me,” she said. “When this did not work, he used my addiction to drugs and drink to worm his way back into my life.”
She said the man put her down and took all her confidence. She said he tried to get social services to take her son away from her and alienated all of his family members against her, including his mother who used to help in the care of her child.
“I didn't think people would believe me because of the drugs and addiction,” she said. “I wasn't going to come forward. I did it to protect my kids.
"I want them to see me strong and show them this should never have happened and they are never let anyone to do this to them or treat them this way.”
The woman said she is getting counselling now and trying “really hard” to mind herself.
Ms Justice Biggs commended the victim for the manner in which she gave her evidence, which she described as compelling and poignant. She said the woman's children “should be very proud of their mum”.
In his plea of mitigation, Tony McGillicuddy SC, defending, said the man has an older child as well as the son he shares with his victim, the court heard. He said the man's relationship with his younger son will be affected by what has occurred.
The court heard the man worked on building sites up until he suffered an injury.
He has remained heroin and crack cocaine-free in recent months. He has four previous convictions, including theft, but none for sexual offending, the court heard.
If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help.
