A Mayo man who was described during his trial as a "Satan worshipper" has been given a nine-year prison sentence for kidnapping a teenage girl and raping her in his bedroom three years ago.
Barry Fox (20), a father of one of Morrison Terrace, Ballina, was sentenced yesterday after being convicted by a Central Criminal Court jury in July of raping the victim and by 10-2 majority of falsely detaining her.
The jury also convicted him unanimously of assaulting the now 19-year-old victim causing harm on the same occasion, May 3rd, 2004, but dis-agreed on two further charges of attempted rape and sexual assault.
The victim told Mr Justice Peter Charleton that she wanted Fox named in media reports. "I have made my mind up on that because of things that have been said about me," she said after he asked her if that was "advisable" as it might tend to identify her.
Mr Justice Charleton noted that by his conviction Fox had lost his legal right to anonymity.
He told Fox that the victim had acted with "fortitude and courage" throughout two trials, unlike him. He had exercised his constitutional right to a trial but if he had pleaded guilty he might have benefited from a lower tariff that the court could have imposed and his sentence might be finished about now.
"Her life has been completely disrupted by your actions," he said and added that from a recent visit he made to prisons his observation was that they "are such a waste of life despite the best efforts" of all connected with running them.
"The reality is that you're simply being warehoused," Mr Justice Charleton told Fox, whom he said grew up "with the absence of a father figure in your life".
Mr Justice Charleton said the reports indicated Fox was of lower average intelligence but in his view the "glib answers" he gave to gardaí showed "plenty of intelligence".
Mr Justice Charleton told Fox the court had a duty to offer him some hope in the future and would suspend the final two years on condition that he partake in a sex offenders' treatment programme before his release . If he failed to do so he would serve the two years.
He directed also that Fox undergo two years post-release supervision and if he failed to do so he faced further imprisonment and a €1,000 fine. "I urge you not to waste your life in future," he told Fox.
Mr Justice Charleton also directed that Fox should be registered as a sex offender and he refused leave to appeal conviction and sentence.
Det Sgt John McCormack told prosecuting counsel, Alexander Owens SC (with Martina Baxter BL), that the then 16-year-old schoolgirl's 10-hour ordeal began after she returned to the rapist's home following a disco, believing his girlfriend would be present.
A group of young people had been drinking there before they went to the disco but she found herself alone with him and he refused to let her go home until he had sex with her.
He locked the door, took her mobile phone from her and put it in his pocket.
She described in detail in evidence over two days how he threatened her with a knife and knuckle-duster, head-butted her, hit her and finally raped her.