Friday 28 April 2017

Man who woke woman by beating her and demanding she perform sex act jailed

Picture posed by model
Picture posed by model

Sonya McLean

An alcoholic who woke a woman by beating her and demanding she perform a sex act on him has been given a six year sentence for sexual assault.

The 28-year-old woman had been drinking with the man in his apartment when she fell asleep. She woke up to him standing over her and punching her in the face.

The 42-year-old man pleaded guilty at the Central Criminal Court to sexually assaulting the woman in a Kerry town on May 27, 2013. The accused, who is a painter and decorator and originally from Limerick, has 36 previous convictions.

Mr Justice Patrick McCarthy adjourned sentencing after hearing evidence last December to allow for the preparation of a probation report.

Today he noted that in the report the accused showed some degree of empathy for the victim and that The Probation Service considered he may be a candidate for supervision in the community.

He imposed a six year sentence and suspended the final two years on condition that the accused abide by all directions of The Probation Service to include offence focused counselling, engagement with alcohol treatment services, as well as training, employment and educational services.

Mr Justice McCarthy said the purpose of the supervision order was to protect the community and achieve reintegration of the accused into the community while recognising the gravity of the offence.

At the original sentence hearing in December a local garda said she responded to an emergency call and found the victim sitting in the stairwell of an apartment building naked and hysterically screaming.

She said the man had assaulted her. He kept trying to get her to perform oral sex but she refused.

The garda told Marjorie Farrelly SC, prosecuting, that the victim told gardaí the man was still in the apartment and she was concerned that he was going to self harm. Officers forced the door of his apartment open and found the man slumped to the floor with his wrists slashed.

The victim was taken to the sexual assault treatment unit where she was treated for bruising and injuries to her face.

The garda said the man was very aggressive. His hands were plastered to stem the bleeding. He was handcuffed and taken to hospital.

He later claimed in the interview that nothing had happened and said the woman had left his apartment earlier. He was shown CCTV footage which showed she had remained there but he said he had no recollection of the incident.

The garda said the woman, who didn't complete a victim impact report has since attended for alcohol counselling.

Michael Bowman SC, defending said his client wanted to apologise profusely to the victim. He said the man was an alcoholic who was taken to a psychiatric hospital on his initial arrest as he was not in a fit state to be interviewed.

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