A member of the Defence Forces has been sentenced to five years in prison for the rape of his partner's long-term friend.
Alan O’Connor (38) of Acorn Downes, Newbridge, Co Kildare, was found guilty of one count of rape by a Central Criminal Court jury following a trial last November.
The offence occurred at a property in Portarlington in Co Laois on June 17th, 2020. He has no previous convictions.
The injured party, Siobhan Murphy, waived her anonymity in order to identify O’Connor.
Passing sentence on Friday, Mr Justice Kerida Naidoo set a headline sentence of seven and a half years before considering the mitigating factors in this case.
Judge Naidoo said O’Connor has no relevant convictions, has recently required a serious medical attention, and has made positive contributions to his family and society. The judge noted that O’Connor is fortunate to have the support of his partner.
Judge Naidoo sentenced O’Connor to five and a half years in prison. “This was an isolated incident, and I will suspend the final six months of his sentence for two years,” he said.
The judge ordered that O’Connor follow all directions as outlined by the Probation Service upon his release.
At a previous hearing, Detective Garda Robert McGrady told Patrick Gageby SC, prosecuting, that Ms Murphy had arranged to go to her friend's house on the night in question. Ms Murphy’s friend lives with O'Connor and is in a long-term relationship with him.
The court heard that O’Connor’s partner collected Ms Murphy and brought her to their house, where O’Connor was also present. They had some drinks, and at some point, Ms Murphy’s friend went to bed as she was feeling unwell.
It had been agreed that Ms Murphy would share a bed with her friend and O’Connor would sleep on the couch. Ms Murphy went to bed later beside her friend. She was fully clothed.
The court heard Ms Murphy woke at one stage when O’Connor got into the bed beside her. She then went back to sleep, but woke a time later to a feeling of pain in her genital area, and O’Connor penetrating her.
Her trousers and underwear had been pulled down. Ms Murphy went downstairs and slept on the couch. The following morning, she did not say anything.
The court heard that later that day, Ms Murphy messaged O’Connor and said she “remembered what happened.” She later made a complaint to the gardaí.
The gardaí interviewed O’Connor but he denied any wrongdoing. The court heard that O’Connor has been a member of the Defence Forces for nearly nineteen years.
Ms Murphy read her victim impact statement to the court, which said that O’Connor “was not a stranger; he was someone I had known and trusted for fifteen years”.
“He completely disregarded my boundaries; he betrayed my trust in the worst way.
“I should have felt safe in their home,” she said. “It was not just a violation of my body; it was a violation of my person.”
The Director of Public Prosecutions placed the offending in the sentencing parameters of seven to 10 years, the court heard.
Det Gda McGrady agreed with Fiona Murphy SC, defending, that when gardaí attended O’Connor’s home, he was co-operative. She agreed that he had abided by all bail conditions and made himself available to gardaí when needed.
The court heard O'Connor maintains his innocence and does not accept the verdict of the jury.
Testimonials were handed into court, including a letter from a priest who said that this “was totally out of character from the Alan he knew”. Another character reference described O’Connor as having “outstanding character”.
Counsel said O'Connor is the sole earner in his home, and his incarceration will greatly affect his family. She said that O’Connor has lived a productive life and contributed to society.
The court heard that O’Connor recently had surgery in St Vincents Hospital to remove a tumour from his pancreas and has to attend the hospital every two weeks and take medication.
Ms Murphy asked the court to be as lenient as possible and highlighted her client's lack of previous convictions, his engagement with society, his family support, and the serious difficulties his family has following his conviction.
