Carpenter receives seven years for rape
A Wexford apprentice carpenter has been given a seven years sentence by Mr Justice Peter Charleton at the Central Criminal Court for raping a student near Waterford city centre before Christmas 2004.
Wayne Drought (aged 21), of Churchtown, The Hook, was found guilty on March 16 last by a jury of four women and seven men following a five-day trial.
The jury took less than two hours deliberation to convict Drought of raping the student on December 9, 2004 and reject his claim that they had consensual sex in a doorway after meeting at a Waterford city centre disco.
Mr Justice Charleton said rape was an extremely serious offence which carried a penalty of life imprisonment. There was no mandatory minimum sentence and the judiciary had always set its own parameters in each case.
"Rape constitutes a savage attack on the bodily and psychological integrity of a woman. It overrides her right to privacy in the most intimate area of human relationships," he said.
"It discounts her personality by imposing a complete nullification of her existence as a sentient person who is entitled to choose where to place her affection."
Mr Justice Charleton said the defence case was "constructed cleverly by the perpetrator to take account of all the incontrovertible facts of the case and this story was altered by him during his interviews by the gardaí to take into account every new fact that had been discovered."
He described Drought's crime as "a horrible predatory attack on a young woman who was drunk" at the time and was raped by him in a public place near her flat.
"She showed particularly courage in the witness stand and it was obvious she had to overcome considerable emotion to be able to speak of this", Mr Justice Charleton said.
He said the Probation Report recorded that Drought was "adamant he did not commit this offence" and he also found it worrying that in a further report prepared for the court, Professor Harry Kennedy concluded that Drought may have either mistook drunkenness for consent or might have "singled out a vulnerable intoxicated woman, retained physical control over her and forcibly raped her."
Mr Justice Charleton said the latter scenario accorded with the facts as found by the jury and Prof. Kennedy warned that, in that event, Drought would have exhibited "the capacity to plan to approach or select a vulnerable potential victim and a glib willingness to mislead".
Prof Kennedy had added: "There would be a significant risk for further offending in the future if this is held to be correct ."
Mr Justice Charleton noted that in coming to his decision on sentence in this case, he had examined all the previous reported and unreported decisions of the Superior Courts which were relevant and, together with the judicial research section of the High Court, an analysis had been conduction of the sentences imposed by the Central Criminal Court, or reviewed on appeal, since January 2005.
He said he had to treat Drought as a person with no insight into his offending and he hoped he would use the prison system for education and rehabilitation. "His youth and good work record makes me lean towards a sentence that will encourage that process."
Mr Justice Charleton imposed a sentence of seven years with the final 18 months suspended and directed that Drought undergo 18 months post release supervision under the Probation Service when released from jail. He also directed that he be registered as a sex offender pursuant to legislation.
Mr John O'Kelly SC (with Mr Colman Cody BL), defending, had earlier submitted that Drought had never come to garda attention prior to this and also had a good work record.
Mr O'Kelly said this case was "quite different" to many others that came before the courts. Drought was a young man of previous good character who at the time was only 18 years old and after consuming a lot of drink had "taken advantage of a situation" rather than "someone who committed a coldly calculating act".
"These are very important years for any young man," Mr O'Kelly said and appealed to Mr Justice Charleton to give Drought "an opportunity to restart his life as soon as possible" after prison.
"With his past good record there is a very good chance he will go on to have a blameless life on his release. If stuck in prison for a very long time with hardened criminals it could be a disaster not just for him but for society as well," Mr O'Kelly suggested and added that the defence would be appealing conviction
Mr Justice Charleton refused leave to appeal but granted continuation of legal aid in the event of an appeal.
Garda Siobhan Keating told Mr Pieter Le Vert BL, prosecuting, that Drought claimed he had been dancing with the woman briefly before they started "shifting". He said he started walking her home but "one thing led to another" and they ended up having sex in a doorway on the side of the road.
He claimed she stopped him halfway through and asked him if he had a condom. "Then she said 'I've been raped'." He said she stood up and as she did he heard a tearing sound.
Gda Keating told Mr Le Vert that Drought claimed he then offered to walk her home but she replied: "Piss off, you raped me." He admitted to being drunk and acknowledged the woman was also drunk although, he said, she could still stand.
