A man who raped his former partner while her young baby lay asleep beside her has been jailed for six years.
The Central Criminal Court heard that the now 41-year-old man, who cannot be named to protect the woman's identity, had been in a relationship previously with the complainant.
The accused was found guilty of one count of rape which occurred on November 17th 2019, by a jury in August 2023. The rape took place in a town in Co Galway.
Passing sentence on Monday, Ms Justice Karen O’Connor said the woman was violated in her family home - “A place where she should have been safe” - before she made reference to the fact the woman’s baby was in bed with her at the time.
Mental health issues
She noted that the woman was vulnerable at the time, as she had been suffering with significant mental health issues - a fact the accused man was aware of.
Ms Justice O’Connor acknowledged that the man had a difficult background himself as he came to Ireland as an asylum seeker having fled his native country during “serious political unrest and fears for his safety”.
She said that the offending warranted a headline sentence of seven and half years and noted that the man was not entitled to significant mitigation as he had denied and continues to deny the offences. She imposed a prison term of six years.
A local detective told Gerardine Small, SC, prosecuting, that the accused and the complainant had met on a dating app three months before the assault, which had developed into a relationship.
On the evening of November 16th 2019, the accused called to the woman's home as they had arranged. They had had an argument. They chatted, and the accused drank vodka.
The detective said that the two began kissing at one point, which was consensual. The following morning, the injured party woke to find the accused getting into the bed beside her. Her young baby was also asleep in the bed with her. The man then raped her.
The court heard that the woman was crying and asking the accused to stop. He stopped when the baby woke and got out of the bed. The injured party called her friend and told him she had been raped. The friend called the emergency services straight away.
Recordings
The woman put her phone on record and confronted the accused, who was still in her home. She asked him why he had done what he did, and he replied, “I’m sorry, I’m sorry, that was a mistake”. Three recordings in total were made, and these were played to the jury during the trial.
Gardaí arrived at the home, and the woman was taken to a Sexual Assault Treatment Unit. The accused was arrested on January 6th 2020, and interviewed twice. The accused admitted to being in a sexual relationship with the woman and that it was consensual.
A victim impact statement was read to the court by the complainant, which said, “I never once imagined that one night would change the way I saw the world forever”.
She said, “The hardest thing I ever had to do was contain myself while being raped with my then 8-month-old baby in the bed”. The woman said in her statement: “I begged you to stop”.
Ms Small told the court it was the Director of Public Prosecution's view that this offence lay in the category of a prison sentence of seven to 10 years. She said the aggravating factors in the case were the woman's vulnerability and that the offence was committed in the presence of a child.
Feargal Kavanagh SC, defending, handed a booklet of reports and character references on behalf of his client into court. He said his client is a devoted Muslim, and daily prayer is very important to him.
He said his client would usually pray five times a day for fifteen minutes at a time. He highlighted that it is important that his client cleanses before prayer, which he has been unable to do while on remand.
Mr Kavanagh said his client is a non-national and of a minority religion with language difficulties.
Counsel read a character reference from the man’s wife to the court, which said: “I feel like I am the luckiest woman alive since I met him. Our relationship is filled with love and laughter.”
She said that after one month of dating, the accused man told her about the charges against him. She said: “For the three-plus years I have been with him, I have never heard him raise his voice.” She added that due to his strict bail conditions, he could not travel to his home in Pakistan to see his family.
If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help.
