Monday 26 August 2019

Man jailed for eight years for late-night sex attack off Dublin street

The Central Criminal Court
The Central Criminal Court

Fiona Ferguson

A RAPIST who had to be physically pulled from his victim by gardaí during a late night street attack has being jailed for eight years.

After hearing screams for help a nearby resident used his phone to record Bogdan Timorte (37) attacking the woman. This witness was too afraid to approach but contacted gardaí.

The phone footage, as well as CCTV footage of Timorte's movements, was played to the court. Timorte was captured on CCTV first meeting the intoxicated woman on Parnell Street in Dublin, putting his arm around her and chatting before they turn into a laneway which ended in a cul de sac.

The woman described being in fear for her life during the “extremely violent” attack.

Timorte, formerly of Synott Place, Phibsborough, Dublin pleaded guilty at the Central Criminal Court to oral rape and sexual assault of the woman on a lane way off Parnell Street on October 9, 2017.

The married father of three is originally from Romania and has no previous convictions.

Mr Justice Michael White paid tribute to the courage of the woman and noted the long-term impact of “brutal sexual assaults and rape” on victims.

He said that it was an unusual case involving an opportunistic crime committed by a man who now has deep remorse. He said Timorte's action on the night seemed to be out of character.

He noted Timorte's previous excellent character and said he is a hard working man. He set a headline sentence of 12 years but reduced this to nine years to take these mitigating factors into consideration.

He suspended the final year on condition that Timorte engages in an assessment for sex offender treatment. The sentence is backdated to the date of the attack as Timorte has being in custody since then.

Paddy McCarthy SC, prosecuting, outlined to the court that Timorte and the woman, who were strangers, met that night just after 3.15am on Parnell Street as the woman, who had a lot of drink taken, was walking home alone from socialising with friends.

He said it appeared Timorte took advantage of the woman's condition.

The woman said the last thing she remembered was being on the dance floor with her friend in a nightclub, before being in a struggle with a man who was on top of her with his hands around her neck. She said she remembered shouting that the man was hurting her before the gardaí arrived.

She said the man was angry and she felt in fear for her life during the attack. She sustained injuries to her head, neck and shoulders as well as bruising to her bottom and knees.

Mr McCarthy said gardaí were informed of the screaming at about 3.35am and were at the scene 15 minutes later. The attack was still going on when gardaí arrived.

Detective Garda Les O'Rourke said Timorte, who had his pants down, was on top of the woman when gardaí arrived and had to be physically removed from her.

Timorte was arrested but was unfit to be interviewed immediately as he was so intoxicated.

The garda agreed with Michael O'Higgins SC, defending, that both parties had a lot to drink.

Mr O'Higgins said Timorte wished to tender an apology for his actions on the night. He said Timorte was angry at himself and full of shame.

Timorte wrote in a letter of apology that he was “sorry from the bottom of my heart” and wanted his victim to know she had done nothing wrong. He wrote that he wished he could “turn back time”.

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