Man to be sentenced later for raping a teenager at a house party in Cavan

A High Court judge has told a woman who was raped at a party five years ago that she would help others in similar situations to “realise they are not alone”.

A 26-year-old Cavan man, who can't be named for legal reasons, was found guilty following a trial earlier this year of one count of rape on December 31, 2018.

The Central Criminal Court heard that the man does not accept the verdict of the jury.

Ms Justice Karen O'Connor made the comment today (Wednesday) after the woman read her victim impact statement to the court.

A local garda told Brian Storan BL, prosecuting, that the victim, then 17, was at a party and became intoxicated. She was helped to a bedroom and later returned downstairs.

The victim went back to the bedroom then fell asleep. She was then allegedly sexually assaulted by a different man, who is due to stand trial later this year.

The complainant fell back asleep and later awoke to find the defendant raping her. During the trial, one witness gave evidence of seeing the man half-naked in the room with the complainant while another said they saw the man leave the bedroom with his belt undone.

When interviewed by gardaí, the defendant did not accept culpability and suggested his belt was loose from dancing. The court was also told he was aware of the earlier alleged sexual assault and said he helped to pull this man from the complainant.

The defendant has six previous convictions including one District Court conviction for sexual assault dating back to 2019. He pleaded guilty to this count and received a five-month prison sentence. This was later reduced on appeal to 120 hours community service in lieu of a two-month prison sentence.

The garda agreed with Padraig Dwyer SC, defending, that the victim gave evidence during the trial that she was asleep and woke to find his client raping her.

The woman, who was then 17, said the defendant was “not the only person who took advantage” of her when she was in a “drunken and vulnerable state in that room” on the night in question.

She noted that he denied culpability and had expected her to “show some form of gratitude as he said he acted as a hero towards me on that night”. She said she find this aspect of the trial “disturbing” and difficult to digest.

The victim said she struggles to trust others and her instincts which is a “lonely way of being”. She said her self-esteem has been affected as she was “reduced from a human being to a mere object of sexual gratification”.

She said she has had to take time away from her studies. The victim concluded by saying that one of the most painful aspects of the process was witnessing its impact on her mother.

While victims of sexual assault are often told the guilt is not theirs to carry, “guilt does not wait to be justified to make its way to a person's heart”, she said, adding that she feels guilt in relation to that night.

Ms Justice O'Connor told the woman that feelings of loneliness and loss of self-esteem are often referenced by others who had faced similar situations.

She told the victim that, by speaking out and following through on the complaint, she would help others to “realise they are not alone, even if they don't have the strength to come forward,” and that this would give them a “degree of comfort”.

The judge told the woman she was “bright” and a “person of ability”. Wishing her well for the future, Ms Justice O'Connor expressed the hope that the victim would be in a position to resume her studies in the future.

Mr Dwyer told the court that his client does not accept the jury's verdict and, as such, he was not in a position to offer personal remorse. Counsel said his client recognised that the victim was subjected to sexual violence on the night, though his position is that he was not responsible for this.

While the man was not a “first time offender”, Mr Dwyer asked the court to take into account that this client had not served time in custody before.

His client moved to Ireland in 2014. His father and other members of the family were in court to support him.

Mr Dwyer said his client completed his Leaving Certificate, obtained a third level diploma but had to give up further studies.

Counsel asked the court to consider his client's work history and that he was a young man “from a good family” who had a “wish to contribute to society once he has paid his debt to society”.

Ms Justice O'Connor adjourned the case to June 29 for finalisation and remanded the man in custody until this date.