A 26-year-old man, Billy Diver, has been sentenced to three years in jail for sexually assaulting a young woman in Swan Park, Buncrana. He claimed he “read the wrong signals.”
Diver pleaded guilty to the sexual assault, which occurred on the evening of June 24th, 2020. The case was heard at Letterkenny Circuit Court.
At the time of the incident, during Covid-19 restrictions, Diver and a friend encountered two 19-year-old women sitting on a bench in the park.
Garda Keith Conlon presented the details of the case, led by state barrister Ms. Fiona Crawford, BL.
The incident began around 8 p.m. as the women walked through the park and were approached by Diver and his friend.
After the initial encounter, the men reappeared.
According to evidence presented, Diver grabbed one of the women and pulled her into a wooded area, grabbing her buttocks.
The woman testified that Diver then grabbed her hand and forced it onto his penis. As she broke free, he touched her vagina over her jeans.
The woman stated she was scared, but when she moved away, the men approached again. Diver then placed his hand on her thigh and attempted to touch her vagina again before reaching down the back of her trousers and grabbing her backside.
While crying, she called a friend. The court heard that Diver then attempted to kiss her neck and lips despite her protests.
As other people came to the woman’s aid, Diver and his friend left in a van, but the woman was able to take a picture of Diver.
A mother and daughter who witnessed the events also filmed the men leaving and provided their accounts to the Gardai.
The two women, both distressed, approached another couple and sought help, explaining the situation rapidly.
This couple then contacted Gardai with a description of the van.
Responding to the call, Gardai found the two distressed women, who provided details of the assault and a possible name of one of the men.
Later, Diver presented himself at Buncrana Garda Station, reporting that he had been harassed by people in the park, including a mother and daughter who filmed him.
This individual was identified as the accused, Billy Diver.
When questioned about the alleged sexual assault, Diver claimed the interactions with the young woman were consensual, stating she had taken his hands, smiled, and they went behind a ditch.
He stated he then noticed he was being recorded.
Gardai seized Diver’s clothing, and he was later identified through mobile phone footage taken at the scene.
The court was told that Diver is from Derry and has no prior criminal convictions.
A victim impact statement revealed the lasting impact of the assault on the young woman’s life.
She now experiences great anxiety leaving her home and constantly feels unsafe. She suffers frequent nightmares and can no longer visit Swan Park due to the traumatic memories it evokes.
She also experiences depression, shame, and self-blame, despite knowing she was not at fault, and finds it difficult to trust others or form new relationships.
The woman also had to take time off work for counselling, causing financial strain, and experienced a negative impact on her studies and career progression.
“It has changed the course of my life, and I am scarred for life inside,” she said.
Mr. Peter Nolan, BL, representing Diver, argued that his client misinterpreted “signals” from the young woman.
He claimed the girls had looked over at Diver and his friend and giggled at them, leading him to misread the situation and approach the girls.
Mr. Nolan emphasized that Diver had never attempted to hide or deny anything and had provided a detailed account in his interview.
Diver’s barrister stated that his client misread the situation and should have been more careful.
Regarding Diver’s background, Mr. Nolan noted that he left school at 14 due to academic difficulties but has a consistent employment record as a laborer in Northern Ireland.
The Probation Service assessed Diver as having a moderate to high risk of reoffending. He has no medical issues, is capable of community service, and is willing to comply with the Probation Services.
Mr. Nolan reiterated that Diver had “misread the signals very, very badly” and needs to mature in his sexual behavior but is deeply sorry for his actions.
Taking the stand, Diver said he wanted to “deeply apologize” to the woman for the offense, stating his apology was from “the bottom of my heart.”
He added that he understood the seriousness of the situation and expressed deep remorse.
Passing sentence, Judge John Aylmer described the assault as a “very nasty sexual assault … on a young woman in a public park,” stating there was no question of her behaviour encouraging the assault and that it was clear she was being harassed.
He added that it was clearly a very frightening experience for the young woman, noting she continues to suffer from anxiety and depression four years later.
Judge Aylmer categorized the offense as being in the mid-range of such crimes, warranting a four-year prison sentence before mitigation.
He acknowledged the late guilty plea, which was valuable in these cases, Diver’s lack of prior convictions, and his young age of 20 at the time of the incident.
He said the Probation Service in Northern Ireland assessed Diver as having a moderate to high risk of reoffending due to his minimization and tendency to blame the victim, stating, “you have absolutely no grounds to blame her for anything, as it is clear that you were the predator preying on her and that was clear to all watching what was going on.”
He reduced the sentence to three years but said he considered suspending a portion of the sentence.
However, due to the Probation Service’s report and Diver’s minimization and victim-blaming, he declined to suspend any portion of the three-year sentence.
Man who sexually assaulted young woman in Buncrana park jailed for 3 years was last modified: June 7th, 2025 by
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