A Co Westmeath man who “opportunistically” took advantage of being left alone with a teenage girl after they had been drinking and raped her has been given a 10-year sentence.
The now 33-year-old defendant, who cannot be identified to protect his victim’s identity, was convicted by a Central Criminal Court jury earlier this year of a single count of rape at the address in a town in Co Westmeath on January 20th, 2019.
The man, who does not accept the verdict, was 29 at the time of the rape, while the girl was 15½. She did not provide a victim impact statement.
Mr Justice Paul Burns said the man had “opportunistically” taken advantage of being left alone with the girl and was aware of her approximate age as she was known to him. He said the verbal abuse used towards the girl during the incident may have been a way of dehumanising her. He also took into account that she suffered some physical injuries.
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In mitigation, the judge noted a forensic psychological report handed into court outlining the man’s history of anxiety and depression, as well as drug and alcohol misuse. He said the man had a low range of intellectual functioning.
Mr Justice Burns imposed a 10-year sentence and suspended the final year for a period of three years, during which the man will be under probation supervision.
Left alone
A local garda told Eileen O’Leary SC, prosecuting, that the pair were known to each other and the young woman and her friend were invited for a drink with the accused man. They climbed in through the window of an unoccupied apartment. There were initially four people there but later the accused and the complainant were left alone.
The man tried to kiss the girl, but she said no. He continued to touch her but she pushed him away, the court heard.
He then pushed the girl over a couch and raped her. The court heard that the girl shouted at him to stop while he used abusive language towards her. Afterwards, he went to the toilet and when her friend returned, the girl left with her.
The girl told her friend something had happened but did not immediately report the rape. A few days later she went to the hospital to be treated for injuries after an altercation and the hospital reported the matter to gardaí after she disclosed the earlier events. The man confirmed he had been in the apartment but denied having sexual contact with the girl.
The man has prior convictions for assault, violent disorder, public order and road traffic offences. He has no prior convictions of a sexual nature.
More serious category
Ms O’Leary said the Director of Public Prosecutions’ view was this was in the “more serious category” of sentences, indicating a headline sentence of 10 to 15 years. She said this was on the basis of the disparity in age and the injury to the victim.
John Paul Shortt SC, defending, said he disagreed with the director’s view. He said this was not a premeditated rape but impulsive, and occurred against a background of alcohol and drugs being consumed in a situation where they had been left alone together. He submitted the case fell into the mid-range of a six to eight year headline sentence.
In mitigation, Mr Shortt outlined to the court his client’s mental health issues, cognitive deficits and his history of substance abuse. He is engaging with programs within the prison and doing well in custody. He is willing to engage in rehabilitation.
Counsel asked that the contents of a psychiatric report be taken into account and told the court the conviction is not accepted by his client.