Friday 9 December 2016

Brazilian 'horror' rapist handed 13-year jail term

Fiona Ferguson and Declan Brennan

Published 02/11/2016 | 02:30

Ms Justice Kennedy said that this was a violent and callous crime perpetrated on a vulnerable inebriated young woman (Stock photo)
Ms Justice Kennedy said that this was a violent and callous crime perpetrated on a vulnerable inebriated young woman (Stock photo)

A Brazilian man who left a young woman severely injured in a lane-way after raping and assaulting her has been jailed for 13 years.

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Rafael Tiso (31) was captured on CCTV leaving a nightclub with the intoxicated victim and walking with her down a side street before going into a lane.

He left the lane 40 minutes later and returned to drink in the same bar for over an hour.

A passer-by heard a moaning noise and discovered the woman lying on the ground between a truck and a car with her legs spread apart. The man believed the woman was dead at first as her eyes were closed and he did not want to touch her to contaminate the scene.

He saw blood on the ground beside her. The woman's clothing and hair were soaking wet. Gardaí were alerted and the woman was taken to hospital.

The 23-year-old victim, who cannot recall the incident, suffered an internal injury.

Tiso, who was living in rented accommodation on Offaly Road, Cabra, Dublin, pleaded guilty at the Central Criminal Court to rape, oral rape, aggravated sexual assault and assault causing harm to the woman at Montague Lane, Dublin on January 18, 2016. He has no previous convictions and has been in custody since his arrest.

Garda Chris Fitzgerald told Martina Baxter BL, prosecuting, that the woman had been socialising in a nightclub and was described as very intoxicated and incoherent. She was seen on CCTV being escorted out by security and accompanied by Tiso, who helped her out of the club. A young man passing by about 40 minutes later discovered the woman in "a shocking condition" in the lane way, Ms Justice Isobel Kennedy said.

Tiso had returned to the nightclub and remained there for a further hour and a half. The woman was taken to hospital and had no memory of events. The young woman had numerous lacerations and bruising. Gardaí began an investigation and recovered the CCTV footage showing Tiso with the victim.

Tiso, who was working as a rickshaw driver in the Harcourt Street area, was nominated as a suspect and interviewed. He claimed he had consensual sex with the woman.

Violent

Ms Justice Kennedy said that this was a violent and callous crime perpetrated on a vulnerable inebriated young woman.

She said the fact that Tiso had left the woman in such a dreadful state and the severe emotional and mental impact of his attack were aggravating factors. She suspended the final year of a 14-year sentence on condition that Tiso leave the State on his release for a period of 10 years.

In her victim impact report the woman described it like being "an episode of a horror series." She said she would like to "delete that day" and described "a daily fight between going forward or making a martyr of myself."

Irish Independent

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