This article contains references to rape and sexual assault. Reader discretion is advised.
By Niamh O’Donoghue and Fiona Ferguson
A man has been jailed for a second time for raping his friend after the Court of Criminal Appeal overturned his previous conviction.
The Central Criminal Court heard the man was previously given a seven-year sentence with the final three-and-a-half years suspended and had served a considerable amount of the prison term before his conviction was overturned and he was released on bail.
The 29-year-old man, who cannot be named to protect the woman’s anonymity, went on trial again earlier this year and was found guilty by a jury for a second time of raping the woman at her home on November 7th, 2018. He has no previous convictions.
Passing sentence on Friday, Mr Justice Patrick McGrath said it was clear the offences had a very traumatic effect on the young woman. He said this had been exacerbated by the violation of her trust in her best friend on the night in question.
He said he accepted the accused was a young man who had led a blameless and productive life up to this point. He said he had been working hard and trying to advance himself, as outlined in references before the court.
He noted that the man accepts partial responsibility for what has happened. He said it was the man’s entitlement to have a trial but this had put the woman through the ordeal of giving evidence twice.
Mr Justice McGrath said he was not going to depart from the sentence previously imposed by Ms Justice Deirdre Murphy and set a headline sentence of seven years imprisonment.
He noted the stigma of the conviction and the loss of reputation which will stay with him for the rest of his life. He took into account he had been a “model prisoner” and the need for rehabilitation.
Mr Justice McGrath echoed the comments of Ms Justice Murphy that the accused by his actions had not only derailed the life of the injured party, but also torpedoed his own life.
He imposed a seven year sentence and suspended the final three and a half years on conditions including that he comply with recommendations in the probation report and be assessed for a sex offenders treatment program and alcohol treatment program.
The judge ordered that all time spent in custody on this matter be taken into account.
A local garda told the court the accused was convicted on a single count of rape in May 2022 but that the conviction was overturned and a retrial was ordered.
He was sentenced to seven years with the final three-and-a-half years were suspended but he was released last January.
The victim said she and the man were best friends since she was 14 and he was an “essential part” of her family.
The court heard on November 6, 2018 she had a day off work and they were texting each other and he was saying he was having trouble with his girlfriend.
She was in the pub and he joined her there and later went home together. She said it was a completely platonic relationship. She asked him to make her a sandwich and she fell asleep.
She woke up and find him penetrating her and she said, “No I don’t want that’. The court heard the victim did not report the complaint immediately. She became emboldened when she saw something on the television and she texted the man saying he had raped her.
The man insisted when interviewed that the only sexual contact he had with her was when she was 14. The garda told the court the victim said she kissed him when she was 14.
The court heard the man has no previous convictions and has been on bail since the outcome of his appeal. He was in custody from November 2021 until January 2024, the court heard.
In her victim impact statement the woman said, “being a victim of rape changes your life.”
“I find myself constantly doubting myself”. “He broke all our hearts.”
The woman said she had to relive the rape twice, “by not one but two juries”.
“To see no remorse in his eyes for shattering my heart. I hope this is the final time I have to fight for my justice.”
John Berry SC, defending, said it was an unusual case in that sentence had already been imposed and that his client accepts the verdict of the jury.