A man who raped a teenager after meeting him for the first time and convincing him to stay in his home overnight has been jailed for four years.
Shane McGovern (31) saw that the then 18-year-old was having a dispute outside a bar when he approached him. He later offered him a place to stay.
The victim went back to McGovern’s home, where it was decided they would share a bed together. He went to bed fully clothed but woke a short time later to find McGovern raping him. He pretended to be asleep but after a few moments, he pretended to wake up.
He said he needed to go home and McGovern gave him a jumper as it was a cold night. The teenager immediately reported the rape to the gardaí.
McGovern, of Mullaghmatt, Monaghan, pleaded guilty at the Central Criminal Court to a charge of anal rape at his home on May 20th, 2022.
In a victim impact statement read into the record by Eilis Brennan SC prosecuting, the victim said in the aftermath of the rape: “I wanted to lock myself in a room and never come out”.
He said he suffers from anxiety down to his “traumatic experience” in both the garda station and the hospital. He can no longer stay in friends’ houses and he has not slept properly since. He also struggles to trust his friends.
Sentencing McGovern on Monday, Mr Justice Paul McDermott said it was important to recognise that it would not have been easy for the young man to take himself to a garda station.
“It took considerable courage to take on that burden and submit to the processes in the sexual assault treatment unit, a garda station and justice system and engage (with those processes),” Mr Justice McDermott said.
“It shows character and an understanding that it had to be done and an insight that what happened was wrong and needed to be addressed,” the judge continued.
He said he had hoped that the young man seeks assistance and guidance for what happened to him.
Justice McDermott set a headline sentence of seven years and six months before he took into account the early guilty plea in the case, which he said allowed for “significant mitigation”.
He acknowledged that McGovern had difficulties growing up, had been diagnosed as having a mild intellectual disability and presents as younger when compared to his peers. The judge took into account that McGovern also tends to experience episodes of impulsivity which is exasperated by taking alcohol.
Mr Justice McDermott sentenced McGovern to five years in prison. He suspended the final 12 months of the term on condition that he engage with the Probation Service for two years and undertake any programmes they deem necessary.
The judge said there was no need for a post release supervision order because of this probation supervision. He ordered that McGovern have no contact either directly or indirectly with the victim.
Garda Ruth Daly told Ms Brennan that the victim had been a resident in a care home at the time, but he had missed his curfew and felt his carers would not pick him up. McGovern then approached him, and he later agreed to stay in his home.
The victim was able to identify the house McGovern had been staying in to gardaí and McGovern was questioned by officers.
He was formally arrested in June 2022 and initially claimed in interview that nothing had happened between himself and the teenager.
McGovern later made admissions. The victim had attended a Sexual Assault Treatment Unit and McGovern’s DNA was recovered from the teenager following an examination.
McGovern has 24 previous convictions, including burglary, criminal damage, theft and assault.
Gda Daly agreed with Michael Bowman SC defending that his client ultimately acknowledged that it was “not a consensual act” between himself and the teenager.
She accepted that he has struggled with a speech impediment and has a mild intellectual disability. His mother was in court to support him.
Mr Bowman said his client “took a gross liberty, which cannot be justified in any way,” adding – “he literally took advantage of (the victim)”.
Counsel said McGovern was the subject of ridicule and bullying as a younger child due to a speech impediment. He began drinking heavily and taking cannabis.
Mr Bowman said McGovern’s intellectual disability means that he has chronic increased levels of impulsivity, and he allows his impulsivity to take control, which leads to episodes of aggressiveness.
He said the case has been on his client’s mind “the whole time”.
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.
