Man jailed following sexual assault of a sleeping woman in the Midlands

A man who sexually assaulted a sleeping woman has been jailed for two and half years.

The 47-year-old man, who cannot be identified to protect the victim’s identity, pleaded guilty to sexually assaulting the woman by digitally penetrating her at the Longford home of a mutual friend on February 11, 2021.

He has 20 previous convictions, mainly for road traffic offences.

Passing sentence last Wednesday (January 22), Mr Justice Paul McDermott said the assault was carried out on a vulnerable woman whom the accused knew to be intoxicated. He said this was highlighted by evidence the woman’s family contacted the gardaí because they were concerned for her welfare and that officers then called to the home of her friend.

Mr Justice McDermott said the woman clearly set out in her victim impact statement the significant and profound impact the sexual assault had on her and her family. “She feels very vulnerable – she hopes to heal,” the judge continued.

He said the woman “rightly” said that she did not deserve what happened to her that night.

“It was a complete violation of her personal dignity. He committed the offence. It is his fault and that is where the shame and guilt of this offence lies with him totally.”

“He took an opportunity to take advantage of the victim,” the judge said.

Mr Justice McDermott said the case warranted a headline sentence of five years. He took into account mitigating factors including his guilty plea and extensive work history before he imposed a sentence of four years.

He suspended the final 18 months of that term for 18 months on strict conditions including that he engage with the Probation Service and undergo any victim focused work as directed. The man was also ordered to have no contact either directly or indirectly with the victim.

The investigating garda told Patricia McLaughlin SC, prosecuting, that the woman was at the home of a male friend and they had been drinking together. Her friend contacted the accused man and he also came to the house.

The woman’s family were concerned for her as they felt she was vulnerable and contacted gardai who attended at the house but she did not wish to leave. She did not recall meeting gardai.

Gardai responded to a 999 call from the property early the following morning. The woman said she had been in bed with her friend and no sexual activity had taken place. She said she awoke at a later stage to find the accused digitally penetrating her.

She ran from the room and remonstrated with her male friend for not intervening.

She attended at a garda station and was taken at a Sexual Assault Treatment Unit (SATU).

The accused man told gardai there had been some sexual contact but that it was consensual.

In her victim impact statement said she had felt horrendous shame and guilt after the incident.

“I did not want or deserve what happened,” she told the court. She said she felt she lost herself as a person, but hopes she will be able to get her life back.

Outlining the impact of the incident on her life she said she felt physically and mentally disconnected, she withdrew from friends and family and felt unable to do simple tasks. 

“I live with the consequences of what you did to me every single day,” she told the accused.

Defence counsel, John Shortt SC, said his client offered an apology to the woman.

He said there was no reason she should feel any shame and hoped the guilty plea would be of some limited use to her with regard to closure and that counselling with further assist her.

Mr Shortt submitted there had been a background of consumption of alcohol in this case.

He asked the court to take into account his clients guilty plea, which may have saved her further trauma and saved the state the cost of running a trial.

Counsel asked the court to “leave light at the end of the tunnel” for his client.