Man who held woman in headlock during sexual assault jailed for 18 months

This article contains references to sexual assault.

Reader discretion is advised.

By Claire Henry

A man who placed a woman in a headlock and sexually assaulted her in a smoking area has been jailed for 18 months.

Dublin Circuit Criminal Court heard that Vatali Mihai (37) of Finnstown Priory, Lucan, Dublin, pleaded guilty to a single count of sexual assault which occurred in a public house in Co. Dublin, on December 16, 2023. He has no previous convictions.

A local Garda told Shaun Smyth, BL, prosecuting, that on the night in question, the injured party and her friend went to the bar for some drinks. Mihai also arrived at the bar at 10pm with a group of friends. As the night progressed, the two groups began to interact, and the injured party and Mihai kissed.

The court heard that Mihai had become quite touchy towards the injured party and had attempted to put his hand down her top. A time later, both the injured party and Mihai were in the smoking area of the bar. Mihai placed the woman in a headlock and put his hand down her top and down the back of her trousers. The injured party said he also unbuckled his belt.

The Garda said the injured party managed to break free from Mihai and went to the ladies’ room. As she was about to close the cubicle door, Mihai appeared and said, “Hey” and “I want to kiss your pussy”.  The woman managed to close the door, and he left the toilet.

The injured party told a barman what had happened, and he alerted security, and Mihai was asked to leave. The following day, the woman reported what had happened to the gardai, and an investigation took place. CCTV was obtained, and on January 19, 2024, Mihai was arrested by appointment.

During his garda interview, he accepted that he was in the bar and that he had kissed the injured party but denied doing anything else or following the woman to the toilet. A victim impact statement was handed in to the court but not read aloud.

The garda agreed with Ian Woodland, BL, defending, that both parties had been socialising in the same bar on the night in question and that there had been some consensual kissing which led to some unwanted touching.

Mr Woodland said his client came to Ireland from Moldova seven years ago to find a better life. He said he is in full-time employment as a truck driver and is a very hard worker.

He said that, on the night in question, his client grossly misread the situation and that he was not thinking correctly, and that this may have been due to intoxication, which is no excuse.

Counsel said his client offers his sincere apologies and he is ashamed of his actions. He said Mihai will suffer significantly going forward. He asked the court to take into account his client’s guilty plea, his lack of previous convictions, and his genuine remorse.

Mr Woodland asked the court to be as lenient as possible and to consider a suspended sentence.

Passing sentence, Judge Martin Nolan said that on the night in question, both parties were in a public house and things were going along well. He said they were kissing, and then things became non-consensual.

Judge Nolan said the offending fell into the higher end of the lower range and set a headline sentence of three years. He said the mitigating factors were the defendant’s guilty plea, lack of previous convictions, good work history, and genuine remorse.

The judge said there was touching and some form of restraint and that the custodial threshold had been crossed. Judge Nolan sentenced him to 18 months in prison.