A 16-year-old girl was raped by her teenage boyfriend when she was “going in and out of consciousness” as a side effect of the Prozac she had been taking for four years.
The 23-year-old man pleaded guilty at the Central Criminal Court on the basis that he was reckless when he raped the girl while she was napping at her Dublin home in April 2019.
He was 18 at the time, and they had been in a consensual sexual relationship for a number of months.
The investigating garda told Antonia Boyle BL, prosecuting, that the girl later told gardaí that her boyfriend knew she was taking the antidepressant, Prozac.
She said she had “provided details about the rape” to a person over social media, “a person who was in the business of naming and shaming people who carry out sexual assaults”.
She said this person then posted the name of the accused on her Instagram feed “calling him a rapist”.
The accused subsequently replied to that post and admitted to raping the girl. He posted: “I am a rapist, and I am a bad person and no amount of apologies will change that. She has to live with what I did.”
Regret
Sentencing the man, Mr Justice Paul McDermott noted from reports before the court that it was clear the man deeply regrets his actions and expressed deep remorse.
He said the guilty plea had been accepted on the basis that he was reckless rather than knowing she was not consenting. He said it was an unusual case but noted the breach of trust.
Mr Justice McDermott said there was “considerable mitigation” including the value of the guilty plea for the injured party. He noted the degree of compassion from the woman in her victim impact statement.
He also noted the mental health difficulties suffered by the accused, and his insight into the hurt inflicted on the woman.
He imposed a sentence of four years and six months. He suspended the final two years, noting the positive probation report and the man’s youth, on conditions including cooperating with the probation service and attending assessment for therapeutic programs.
During an earlier hearing last week, the court heard the now 21-year-old woman told gardaí when she reported the rape in April 2020 that she had been on Prozac for four years at that time and “everyone” knew it rendered her drowsy.
She said she had been in a sexual relationship with the accused for a number of months before the incident and the relationship continued for a further six months after the incident. She reported the rape a year later in April 2020.
She told gardaí during a specialist interview that she was at her Dublin home having a nap when she awoke to find her boyfriend having sex with her.
She later told friends what had happened and then a counsellor whom she had been attending. She later told her mother and decided to report the rape to gardaí.
Medication
The teenager told gardaí she had been on Prozac for almost four years at that time and sleepiness was one of the main side effects.
“I sleep a lot. I have multiple naps and have a very tough time waking up, going in and out of consciousness. I am waking up and it is two hours later and I don’t know where I am,” she told gardaí.
She told gardaí that afternoon she woke to find the accused on top of her. “I was kind of opening my eyes and I fell asleep; my clothes are off. I can’t move because I am in shock. I am so sleepy, but I can’t wake up.”
“I am kind of just laying there, just going in and out consciousness, just powerless pretty much,” she continued.
She said it was obvious she was not giving consent. “I grunt to show I am not happy about this – make another noise to show that I am not cool with it,” she said before she managed to push the accused away, grab a blanket and go back to sleep.
She made a second statement two months later in which she outlined the interaction with the person on Instagram and the accused’s response to that person’s post. The accused deleted his Instagram account after this post.
The accused was taken in for questioning in September 2020. The various posts were put to him, and he acknowledged that he had deleted his Instagram account the following day. He said he wanted to make an apology to the girl.
Ms Boyle confirmed that a victim impact statement had been prepared for the case. It was handed into court but not read out. The accused has no previous convictions.
The garda agreed with John Fitzgerald SC, defending, that the woman has “a forgiving attitude” towards her former boyfriend.
Mr Fitzgerald said the circumstances in which the offence occurred as set out in various reports before the court were “consistent with a plea on the basis of recklessness rather than intent”.
He said his client has mental health difficulties and a psychological report before the court stated that he had concerns for the woman’s well-being and continues to have such concerns.
Mr Fitzgerald said his client accepts full responsibility and accepts the impact his recklessness had on the woman.
A report from the Probation Service stated that he had expressed an understanding of the gravity of the offence and has demonstrated shame and remorse for his behaviour. He is considered to be at a medium risk of re-offending and has also been deemed as a suitable candidate for probation supervision.
Counsel handed in letters to the court on behalf of his client which spoke of his empathetic nature, his good manners and the fact that he is respectful, hard-working and dedicated. A letter from his current partner spoke of his kindness.
Mr Fitzgerald submitted that this was his client’s first sexual relationship and he had not considered “the parameters of consent”. He said the accused has lost friends following his admission of guilt.
Mr Fitzgerald handed in letters from the accused man, whom he said was “unusually upset”, prior to imposition of sentence. He submitted that rather than seeking to minimise or run away from his actions, the accused had done the very opposite.
He said the accused man’s decisions in the case had been not tactical or those of self-preservation but of genuine remorse and desire that the woman not suffer any further harm.
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.
