Man who raped woman he had been in a relationship with after she told him she was too sore to have sex jailed for four years

A man who raped a Spanish national he had been in a relationship with after she told him she was too sore to have sex has been jailed for four years.

Youssef Shehata (23) of Tallaght Cross West, Dublin 24 was convicted by a Central Criminal Court jury of one charge of rape in her Dublin apartment on September 16, 2022.

Detective Sergeant Lucy Wood said the then 24-year-old Spanish native met Shehata in the café he worked in in Dublin.

She gave him her number on the back of a sugar sachet and they began messaging each other.

They met up and began a sexual relationship.

Shehata was a 19-year-old engineering student at the time.

The victim indicated that while she is happy for Shehata to be named in reporting the case, she does not wish to be named herself.

Paul Carroll SC prosecuting told the court that the woman had a medical difficulty at the time for which she was prescribed medication.

She had been attending her GP about her condition and as her difficulty led to pain and irritation of her vagina she had been advised to avoid vaginal sex.

Det Sgt Wood said on the day of the rape Shehata and the woman had consensual sex in her Dublin apartment but she was in pain afterwards.

They ordered food and she returned to bed, taking down her underwear and trousers in an attempt to ease her pain.

She later told gardaí that Shehata offered to give her a massage and while she consented to that, he began to have sex with her.

She told him she was still in pain and told him “no” several times but Shehata did not stop.

Mr Carroll said the woman said afterwards Shehata apologised to her, kissed her on the forehead and left to catch the Luas.

He later claimed there was some confusion as to whether he had consent or not to have sex with the woman the second time.

He was arrested after the woman reported the incident to the gardaí but he made no admissions.

A victim impact statement read into the record, stated the woman had come to Ireland in the hope of setting up a new life her and in an effort to improve her English.

She said there were less opportunities for work in Spain in her chosen field.

She has since returned to Spain and was not present in court for the sentence hearing.

“Before the rape I was happy, felt free and fulfilled,” she said.

She said after the rape “I felt that part of my identity was taken from me”.

She said in the days afterwards she tried to continue to live in Dublin but she couldn’t and returned to Spain.

She has since suffered many anxiety attacks and nightmares and was afraid of contracting a sexual transmitted disease as Shehata did not use a condom.

The woman said that while she lived in Dublin in the days after the rape, she struggled being there “knowing the person was free and knew where I lived”.

She said Dublin “no longer felt like a charming city” and she could no longer do her job properly.

She reduced her work hours but she said the situation “mentally and emotionally” overwhelmed her.

The woman said she has since had her anxiety medication increased and has engaged with a support group.

She said as the date for the trial approached she found it harder to sleep and felt “intense anger and hatred” towards Shehata which took away “my inner peace”.

The woman said that following the trial she returned to therapy.

She had returned to college but found it difficult to study due to intrusive thoughts.

“I want to tell you something, I cannot forgive you because you destroyed my dreams – I hated you and wished you suffer,” the woman continued in her statement before she added “I realised that you do not deserve one more second of my suffering”.

She said she hopes Shehata time in custody makes him reflect and think of what he did.

“I am doing this for me and all women that never again in your life you rape a woman,” the woman concluded.

Anne Rowland SC, defending, said her client was the eldest in a family of five.

His girlfriend was in court to support him and his mother took the stand to give evidence on behalf of her son.

She spoke of how her son was a huge help to her with her younger children.

Counsel said affidavits before the court spoke of how Shehata was “genuinely kind and respectful” and had “an active and responsible role in the lives of his younger siblings”.

Other testimonials spoke of how Shehata is a man of integrity who has helped friends and neighbours.

They described seeing Shehata “first hand” demonstrating his commitment to improving himself and that he was disciplined and responsible.

Ms Rowland said it was “a terrible aberration for what was others a good young man”.

Mr Justice Paul Burns said having considered the woman’s victim impact statement -“I can only sympathise and express a hope that with therapy she will improve her symptoms”.

He said the woman had clearly told the man that she didn’t want to have sex with him on that second occasion but he “cynically and selfishly” ignored her and as a result her “sense of self and wellbeing has been significantly impacted”.

Mr Justice Burns said a headline sentence of seven years was justified in the case.

The judge accepted that Shehata was “immature and possibly naïve” at the time in relation to his emotional maturity, “unfortunately maturity does not switch on automatically on an 18^th birthday”, Mr Justice Burns commented.

He acknowledged that Shehata came from a supportive, hardworking family who had provided both him and his siblings with a stable and loving home.

He further acknowledged that Shehata had a bright future ahead of him at the time having been a hardworking engineering student.

Mr Justice Burns said Shehata had caused so much pain to the complainant, his own family and had “damaged his own prospects”.

He acknowledged that he does not abuse any substances.

He imposed a sentence of five years in prison and suspended the final year on strict conditions including that Shehata engage with the Probation Service for three years upon his release from prison.

“I believe he can undergo successful rehabilitation,” Mr Justice Burns said before he added that due to the supervision order, he did not think it necessary to impose post-release supervision.