A woman has described living the nightmare of a controlling and violent relationship with a former soldier which culminated in him repeatedly raping her.
Niall Kennedy (31) of Standhouse Lawns, Newbridge, Co Kildare was convicted by a jury last December of 12 counts of rape on eleven different occasions in August 2017.
He was also convicted of harassment on multiple occasions between February and August 2017 and of making threats to kill or cause serious harm to the woman, once in June 2017 and twice in August 2017. Kennedy continues to deny the charges and does not accept the jury verdicts. He has no previous convictions.
After his conviction the State objected to his continued remand on bail, but he was given bail under strict conditions. On Friday his victim said that during this period she was “on high alert” and “feared retaliation”.
Kennedy's remand on bail was on strict conditions including that he no have contact with the victim,“be of sober habits” and maintain a daily curfew indoors overnight. Last month, a sentence hearing was adjourned after Kennedy's lawyers told the court their client was reported to have Covid-19.
Identity revealed
At a sentence hearing at the Central Criminal Court, sitting in Croke Park on Friday, Mr Justice Paul Burns made an order permitting publication of Kennedy's identity after the complainant told the judge that she was happy that naming Kennedy now would not disclose her own identity.
Mr Justice Burns said that victim should not be identified, including inadvertently by reporting certain locational and workplace details related to the case.
Garda David Connolly told Antonia Boyle BL, prosecuting, that the woman was in her early 20s when she met Kennedy in December 2016 on the Tinder dating app. They began a relationship soon after and exchanged Christmas gifts, the court heard.
Gda Connolly said Kennedy than began turning up outside her place of work, or in a nightclub when the woman was out with friends. He would turn up uninvited, was constantly texting her and demanding that she send him photographs, Gda Connolly said.
The woman found the level of communication "unbearable" and wanted to end the relationship. At one point she gave Kennedy €500 and asked to be left alone, but he kept contacting her.
At one point Kennedy sent images of an indecent nature to her mother's phone.
Harassment
While they continued in a sexual relationship, the court heard that Kennedy continued to harass the woman, including following her when she was on nights out with friends. On one occasion outside a Dublin nightclub, he showed up and threatened to kill one of her male friends.
In August 2017, Kennedy told the woman to come to his house where he raped her.
'Fight back'
Reading from her victim impact statement the woman described the day she found the courage to “fight back” as "a day that will live with me forever".
"I was a broken person. My life wasn't my own. Niall Kennedy was the person in charge of me."
She said she became unaware of what was true and what was not. After her ordeal ended, she did not feel comfortable being out on her own and she would have friends walk her to her car.
"My mind would play tricks on me, that he was looking down at me," she said.
She now fears the phone and, at night now, she is “on high alert”. “I have lost count the number of times I have changed direction to make sure I am not being followed,” she said.
She goes quiet some days recalling what happened, but counselling had helped, as well as "the unconditional love of my parents".
Defence lawyers
The woman described the trial as an experience she never wants to go through again and described her treatment by Kennedy's defence lawyers as "appalling".
Today, I am proud of myself because I don't see myself as a victim any more. I survived. I fought back every day to get my life back."
At the end of her statement the woman looked directly at Kennedy and said: "You appear to be indifferent to me. Today, I am proud of myself because I don't see myself as a victim any more. I survived. I fought back every day to get my life back."
Three years ago, she met someone new but "it took me over a year to hold hands" for fear that Kennedy would see her, she said. She said that this new relationship “has shown me that not all men can do what Mr Kennedy did to me".
Desmond Hayes BL, defending, told the court that his client was aged 19 when he joined the Defence Forces but left in 2020 after failing a fitness test. He attributed "his current mental health" to this, his counsel Mr Hayes told the hearing.
A forensic psychologist called as a defence witness told the court that the likelihood of Kennedy committing further sex crimes was "above average".
Mr Justice Burns ordered Kennedy be taken into custody and adjourned sentence until February 21 next.
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.
In the case of an emergency, always dial 999/112.
