Alan O’Connor, aged 38, of Acorn Downes, Newbridge, County Kildare, was found guilty of one count of rape by a Central Criminal Court jury following a trial last November | FILE PHOTO
A long-serving member of the Defence Forces has been sentenced to five years' imprisonment for the rape of one of his partner's close friends.
Alan O’Connor, aged 38, of Acorn Downes, Newbridge, County Kildare, was found guilty of one count of rape by a Central Criminal Court jury following a trial last November.
The offence occurred at a property in Portarlington in County Laois on June 17, 2020. He has no previous convictions.
The injured party, Siobhan Murphy, waived her anonymity in order to allow O’Connor to be identified publicly.
Passing sentence this Friday, Mr Justice Kerida Naidoo set a headline sentence of seven and a half years before considering the mitigating factors in this case.
READ ALSO: JAILED: Man who raped his former partner at their home receives lengthy prison sentence
Judge Naidoo said O’Connor has no relevant convictions, has recently required serious medical attention and has made positive contributions to his family and society. The judge noted that O’Connor is fortunate to have the support of his partner.
After imposing a five-and-a-half year prison sentence, he commented: “This was an isolated incident, and I will suspend the final six months of his sentence for two years."
The judge ordered that O’Connor follow all directions as outlined by the Probation Service upon his release.
At a previous hearing, Detective Garda Robert McGrady told Patrick Gageby SC, prosecuting, that Ms Murphy had arranged to go to her friend's house on the night in question. Ms Murphy’s friend lives with O'Connor and is in a long-term relationship with him.
The court heard that O’Connor’s partner collected Ms Murphy and brought her to their house, where O’Connor was also present. They had some drinks, and at some point, Ms Murphy’s friend went to bed as she was feeling unwell.
It had been agreed that Ms Murphy would share a bed with her friend and O’Connor would sleep on the couch. Ms Murphy went to bed later and lay beside her friend. She was fully clothed.
The court heard Ms Murphy woke at one stage when O’Connor got into the bed beside her. She then went back to sleep, but woke a time later to a feeling of pain in her genital area, and O’Connor penetrating her.
Her trousers and underwear had been pulled down. Ms Murphy went downstairs and slept on the couch. The following morning, she did not say anything.
The court heard that later in the day, Ms Murphy messaged O’Connor and said she “remembered what happened.” She later made a complaint to the gardai.
Gardai interviewed O’Connor but he denied any wrongdoing. The court heard that O’Connor has been a member of the Defence Forces for nearly nineteen years.
Ms Murphy, who read her victim impact statement to the court, said that O’Connor “was not a stranger"
She stated: "He was someone I had known and trusted for fifteen year. “He completely disregarded my boundaries; he betrayed my trust in the worst way. I should have felt safe in their home. It was not just a violation of my body; it was a violation of my person.”
The Director of Public Prosecutions placed the offending in the sentencing parameters of seven to 10 years, the court heard.
Detective Garda McGrady agreed with Fiona Murphy SC, defending, that when gardai attended O’Connor’s home, he was co-operative.
She agreed that he had abided by all bail conditions and made himself available to gardai when needed.
The court heard O'Connor maintains his innocence and does not accept the verdict of the jury. Testimonials were handed into court, including a letter from a priest who said that this “was totally out of character from the Alan he knew”.
Another character reference described O’Connor as having “outstanding character”.
Counsel said O'Connor is the sole earner in his home and that his incarceration will greatly affect his family. She said that O’Connor has lived a productive life and contributed to society.
The court heard that O’Connor recently underwent surgery at St Vincents Hospital to have a tumour removed from his pancreas and that has to attend the hospital every two weeks and take medication.
Ms Murphy asked the court to be as lenient as possible and highlighted her client's lack of previous convictions, his engagement with society, his family support, and the serious difficulties his family has following his conviction.
Subscribe or register today to discover more from DonegalLive.ie
Buy the e-paper of the Donegal Democrat, Donegal People's Press, Donegal Post and Inish Times here for instant access to Donegal's premier news titles.
Keep up with the latest news from Donegal with our daily newsletter featuring the most important stories of the day delivered to your inbox every evening at 5pm.