A man who raped a 17-year-old girl at a party five years ago has been jailed for seven years and six months.
A 26-year-old man, who cannot be named for legal reasons, was found guilty following a trial earlier this year of one count of rape and one count of sexual assault on December 31st, 2018.
The Central Criminal Court heard that the man does not accept the verdict of the jury.
Imposing sentence on Thursday, Ms Justice Karen O'Connor said the man was aware that the victim was “vulnerable on the night due to intoxication” and due to an earlier alleged incident.
She said he had “taken advantage” of the girl in what “can only be described as a predatory manner”,
She handed the man a sentence of eight years and three months, with the final nine months suspended on strict conditions, including that he places himself under the supervision of the Probation Service for 12 months. She backdated the sentence to May 29th, 2023.
At a previous sentence hearing, a local garda told Brian Storan BL, prosecuting, that the victim, then 17, was at a party and became intoxicated. She was helped to a bedroom and later returned downstairs.
The victim went back to the bedroom and then fell asleep. She was then allegedly sexually assaulted by a different man, who is due to stand trial later.
The complainant fell back asleep and later awoke to find the defendant raping her. During the trial, one witness gave evidence of seeing the man half-naked in the room with the complainant, while another said they saw the man leave the bedroom with his belt undone.
When interviewed by gardaí, the defendant did not accept culpability and suggested his belt was loose for dancing. The court was also told that he was aware of the earlier alleged incident.
The defendant has six previous convictions, including one District Court conviction for sexual assault dating from 2019, to which he pleaded guilty.
He received a five-month prison sentence, which was later reduced on appeal to 120 hours of community service in lieu of a two-month prison sentence.
Victim impact statement
The garda agreed with Padraic Dwyer SC, defending, that the victim gave evidence during the trial that she was asleep and woke to find his client raping her.
In her victim impact statement, the woman said she was in a “drunken and vulnerable state in that room” on the night in question, and the defendant had taken advantage of her.
She said she struggles to trust others and her instincts, which is a “lonely way of being”. She said her self-esteem has been affected as she was “reduced from a human being to a mere object of sexual gratification”.
She has also had to take time away from her studies. The victim said one of the most painful aspects of the process was witnessing its impact on her mother.
While victims of sexual assault are often told the guilt is not theirs to carry, “guilt does not wait to be justified to make its way to a person's heart”, she said, adding that she feels guilt in relation to that night.
Ms Justice O'Connor told the woman that feelings of loneliness and loss of self-esteem are often referenced by others who had faced similar situations.
She told the victim that by speaking out and following through on the complaint, she would help others to “realise they are not alone, even if they don't have the strength to come forward” and that this would give them a “degree of comfort”.
The judge told the woman she was “bright” and a “person of ability”. Wishing her well for the future, Ms Justice O'Connor expressed the hope that the victim would be in a position to resume her studies in the future.
First-time offender
Mr Dwyer told the court that his client does not accept the jury's verdict, and as such, he was not in a position to offer personal remorse.
While the man was not a “first-time offender”, Mr Dwyer asked the court to take into account that this client had not served time in custody before.
His client moved to Ireland in 2014. His father and other members of the family were in court to support him. Mr Dwyer said his client completed his Leaving Certificate and obtained a third-level diploma but had to give up further studies.
Counsel asked the court to consider his client's work history and that he was a young man “from a good family” who had a “wish to contribute to society once he has paid his debt to society”.
On Thursday, Ms Justice O'Connor said the man's previous conviction was “very significant” given the similar nature of the offending. She noted that the defendant is a young man who has never been to prison before and said she had considered the mitigation placed before the court.
Ms Justice O'Connor noted that he would be a registered sex offender and directed that he undergo a further three years of post-release supervision.
Addressing the victim, Ms O'Connor re-iterated her wish that she return to her studies in future. “Anyone who can describe the feelings the way you did is very bright and capable,” she said.
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.
