A man in his 30s has avoided jail time after sexually assaulting a woman he considered a close friend following a night out.
The man, who cannot be named for legal reasons, pleaded guilty to the charge at Letterkenny Circuit Court.
The court heard that the incident occurred in November 2022 after the pair had been out with friends in Letterkenny and returned to the woman’s home.
The woman lay down on a couch under a blanket, while the man sat in a chair.
They began talking, but the woman said she was tired and wanted to sleep.
According to her statement to Gardai, the woman fell asleep and awoke to a sharp pain in her vagina, finding the man on top of her.
The woman reportedly shouted at the man, questioning his actions, and they then stared at each other in silence.
The man subsequently covered his face with his hands and left the residence.
The following morning, the victim experienced a flashback and texted the man.
She described feeling pain and a sensation that he was partially inside her.
The man responded by saying he “wasn’t thinking” and acknowledged he was an “asshole.”
The woman texted back, questioning why someone she trusted would sexually assault her, accusing him of downplaying the situation and ending their relationship.
She then reported the incident to Gardai, who identified and interviewed the man.
Initially, he denied any penetration, stating he only grabbed her buttocks, but later pleaded guilty to the charge.
The accused man addressed the court, offering his “sincerest apologies” to the victim.
He acknowledged that he no longer deserved her trust and accepted that she would likely never speak to him again, lamenting the loss of their daily communication and the difficulty of losing someone he could confide in.
He reiterated his apology, stating he couldn’t justify his actions.
The man was accompanied to court by his parents and sister.
His barrister, Ms. Patricia McLaughlin, SC, stated that her client, in his 30s, was remorseful and significantly distressed by his actions.
An assessment by the Probation Service indicated that he was fully engaged with their services and at a low risk of reoffending.
Ms. McLaughlin added that he came from a “very good family background” and had received high praise from his employer.
While deemed unsuitable for a sexual offending program, he was considered suitable for community service.
Ms. McLaughlin acknowledged the seriousness of the case but emphasized that her client had tried his “best foot forward.”
She noted that the accused had attempted to apologize via text and had never blamed the victim, accepting full responsibility and expressing remorse.
She highlighted that he was a first-time offender unlikely to reoffend.
Ms. McLaughlin concluded that the evidence suggested the incident was a “complete aberration” and that a custodial sentence for a man who had always been a good member of society with positive social connections would not benefit the community.
Judge John Aylmer described the act as a “gross breach of trust” against a close friend, who he took advantage of while she slept.
He stated that the digital penetration was “of a very slight nature” according to a nurse at the Sexual Assault Treatment Unit.
The Judge noted that the man and woman had previously been intimate, but the woman stated she no longer had feelings for him.
He categorized the offense as mid-range, warranting a four-year prison sentence before mitigation.
In mitigation, he cited the accused’s lack of prior convictions, his cooperation with Gardai, and his early guilty plea.
Judge Aylmer acknowledged that both parties were intoxicated, stating that while intoxication was “never an excuse,” it offered an “explanation” and called it an “intoxicated moment of madness.”
He noted the Probation Services’ assessment of a low risk of reoffending and the lack of requirement for a sex offender’s course.
Considering these factors, he reduced the sentence to three years in prison.
The Judge then considered whether to suspend part or all of the sentence.
He proposed suspending the entire three-year sentence for three years, requiring the man to be under the supervision of the Probation Service for the first 12 months.
He was also ordered to attend all appointments with the Probation Services, inform them of any changes in address or contact details, and engage in offense-focused work.
