No jail for man who sexually assaulted sleeping woman at a party
A man has been given a suspended sentence for sexually assaulting a woman as she slept at a party.
The man, who cannot be named to protect her identity, snuck into the room after she had gone to bed.
He later admitted he started kissing and touching her in the hope that she would think it was her partner and not him.
Judge Catherine Murphy imposed a three-year sentence which she suspended in full on various conditions, including that the man continues to address his alcohol issues and that he engages with offence and victim awareness services.
He was declared a sex offender at a previous hearing.
“It’s clear that your intake of alcohol played a very big part in what happened,” Judge Murphy said and suggested the man consider living his life alcohol-free.
“You’re getting a chance here, I hope you make the most of it,” she added.
The 32-year-old pleaded guilty at Dublin Circuit Criminal Court to sexual assault of the woman at a Dublin home in early 2013.
At an earlier hearing, his defence counsel told the court that the man has €2,000, which he had saved up, as a token of remorse for the victim.
Lisa Dempsey BL, for the prosecution, said the victim does not want the money and would prefer that it goes to the Rape Crisis Centre. J
udge Murphy directed that the man’s solicitor pay it over to the charity.
A local garda told the sentencing hearing that the woman was at the party but had little contact with the man throughout the night.
She went to sleep in the early hours of the morning in a bedroom. Sometime later she awoke to find the accused on top of her. She initially thought it was her partner but then realised it was the accused and cried out.
The man left the house but later came to the garda station and made admissions.
He said he went into the bedroom to get a blanket and then got into bed beside the woman and began kissing her.
He said he touched her breasts and digitally penetrated her before she “freaked out” and realised it was him.
He admitted he got into the bed in the hope that the woman would think he was her partner. He said that what he did was “totally wrong” and he was “stupid with drink” at the time.
The court heard he has five previous convictions, including one for drug dealing.
Ronan Kennedy BL, defending, offered his client’s “heartfelt apology” to the woman. “Not a day goes by that he doesn’t wake up and feel disgusted by himself and what had happened that night.”
Counsel said the accused will have to live with his actions for the rest of his life and asked Judge Murphy not to impose a jail term, adding that: “Rehabilitation and protection of the public may not be well served by a sentence.
“He will lose his job and effectively become dependent on the State.”
