Sunday 20 January 2019

Man sexually assaulted his partner while under investigation for raping her six years earlier

Judge hands 35-year-old four year sentence

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Stock photo

A man who sexually assaulted his partner while he was under investigation for raping her six years previously has been jailed for four years.

The 35-year-old man, who cannot be named to protect the identity of his victim, orally raped and digitally penetrated his girlfriend while she was sleeping.

He pleaded guilty at Dublin Circuit Criminal Court to sexually assaulting her at a Dublin house on April 14, 2016.

He was jailed in July this year after he admitted the rape and attempted anal rape of this woman in 2010 and 2011.

Garda Liam Wright told Elva Duffy BL, prosecuting, that the woman told gardaí that in April 2016 the man had tried to initiate sex with her when she joined him in bed but she said she was feeling unwell and was not in the mood.

She woke up to find her leggings had been pulled down beyond her knees and he was sexually assaulting her.

The woman, who has a nine year old child with the man, said she felt disgusted and turned away from him, feigning sleep.

She said she had learned from the previous experience of him having raped her that the best thing she could do was “nothing”. She was shocked and scared and when it continued she began crying loudly.

The man's previous convictions include an eight year sentence for the rape and attempted anal rape of this woman handed down in July this year.

Mr Justice McDermott suspended the final 18 months of the sentence on condition that the man undergo probation supervision, complete a sex offender's treatment programme and offence focused work, as well as addressing his alcohol and addiction issues.

He had pleaded guilty at the Central Criminal Court to rape in 2010 and attempted anal rape in 2011 of the woman at their Dublin home.

At the July hearing, Mr Justice McDermott said the victim had been a vulnerable young woman at the time of the offences and had suffered considerably in abusive relationships in the past with other men.

 

 

He noted she had become involved with people who were exploiting her prior to meeting the accused who had assisted her in relation to moving to safety. They later began a relationship.

 

Today/yesterday (Tuesday) Judge Melanie Greally said that defence counsel, Ken Fogarty SC, had indicated that this client and the woman's relationship had begun with him “coming to her aid in dealing with a previous abusive relationship and oppressive living circumstances”.

 

 

“But it seems that his addiction to drugs and other unaddressed issues led to a highly dysfunctional relationship with acts of sexual violation,” the judge continued.

 

 

“This was a very extreme sexual violation of a sleeping woman with whom he was involved in an intimate relationship. It was all done without her consent and was something she had clearly expressed was not what she wanted on the occasion,” Judge Greally said.

 

 

The judge said that “a very concise” victim impact report stated that the woman “does not seek to lay all her difficulties at the man's door” rather she simply states that she has become socially reclusive, suffers post traumatic stress and has trust issues. She is currently undergoing treatment.

 

 

Judge Greally sentenced the man to four years in prison which she said is to be served from today/yesterday (Tuesday).

Gda Wright said the woman was staying in a house with two other women and her partner the night he sexually assaulted her.

The following morning she wrote a letter to the two women detailing what he had happened the previous night before she left with the man for the day. When they returned to the house the two women told him he was not welcome and he had to leave.

 

 

Gda Wright said the letter was used as an exhibit in the case. The man was interviewed the following month and accepted that he had sexually assaulted the woman while she slept.

 

 

Gda Wright agreed with Mr Fogarty that the man always indicated he would plead guilty.

 

 

He accepted he was living in a tent in the Phoenix Park in Dublin while waiting for his case to be dealt with in the neighbouring Criminal Courts of Justice.

 

 

Mr Fogarty said even though his client had “no memory” of what happened he always accepted the woman was telling the truth.

 

 

“He has been absolutely clear that he accepts full responsibility,” counsel submitted to Judge Greally.

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