A man (22) was on Wednesday jailed for eighteen months for the sexual assault of a “comatose” teenager.
At Ennis Circuit Court, Judge Gerald Keys imposed a three year jail term and suspending the final eighteen months on Rene Miko (22) formerly of Place de Plouzane, Kilrush, Co Clare for the sexual assault of the then 18 -year-old woman at a house on October 9th/10th 2015.
Mr Miko is currently serving a six year jail term with the final two years suspended imposed last March for the dangerous driving causing the death of Ennis GAA coach, Eugene McNamara (42).
Judge Keys staled that by virtue of Mr Miko’s guilty plea to the sex assault and the mitigating factors in the case, he was suspending the final 18 months of the three year jail term.
Mr Miko will not serve any additional time in jail for the sexual assault as the sentence for the sexual assault starts immediately.
The complainant in the case only realised that she had been the victim of a sex assault when sent a video clip via Facebook of the assault the following day.
She was sent the 50 to 60 second clip by an a male friend who had videoed the assault.
Mr Miko, who was also aged 18 at the time, the teenage girl and other friends had gone to a party at a house in Corofin.
Judge Keys stated on Wednesdsay Mr Miko had taken advantage of the woman “when you knew she had become comatose due to excessive quantity of alcohol”.
Judge Keys stated that the mitigating factors are Mr Miko’s plea of guilt, that he fully co-operated with gardai; that he had no previous convictions prior to committing this offence; accepts what he did was very wrong; apologised for his wrongdoing and has shown remorse.
Judge Keys also stated Mr Miko’s conduct “was not predatory” and there was no violence .
Judge Keys stated the sexual assault has had a profound impact on the victim.
