A Tallaght, Co Dublin, man who had sexual intercourse with his friend's fiancee after both had consumed a lot of alcohol has been given a seven-year suspended sentence by the Central Criminal Court.
Declan O'Toole (28), of Westpark, was convicted in July of aggravated sexual assault and sexual assault on May 24th, 1997, in Tallaght. He was acquitted of rape.
Mr Justice Dermot Kinlen said it was "a serious and sad case" for both parties and their friends. Alcohol had played a major role as both O'Toole and the woman had been drinking at separate parties before the assault. O'Toole now accepted he was an alcoholic and a condition of the suspended sentence was that he continued to attend Alcoholics Anonymous.
The woman said she woke up in her bed after an impromptu party in her house to find someone under the covers touching her. She could not see his face but thought it was her fiance and went back to sleep. She later woke up while someone was having intercourse with her and realised it was not her fiance.