A young woman has said she can no longer listen to music after being sexually assaulted during a concert at Marlay Park, Dublin Circuit Criminal Court has heard.
In her victim impact statement, the young woman said she got rid of anything that reminded her of the concert in June 2023. She said she “dreads” being in public spaces where music is playing, if the next song is by the concert's headline act.
Kartikey Gupta (22) with an address at Tandys Lane, Lucan, Co. Dublin, who is originally from India, pleaded guilty to one count of sexual assault during the concert at Marlay Park.
Imposing on Monday, Judge Martin Nolan said sexual assaults are “always serious” and noted that this incident caused “considerable distress” to the victim.
He said this incident “could be said to be on the less serious end” of sexual assaults as it was “not too insidious”. He nonetheless noted it was “very distressing” for the victim, who continues to be impacted by Gupta's behaviour.
He imposed a 21-month prison sentence which he suspended in full on strict conditions.
An investigating garda told Lisa Dempsey BL, prosecuting, that the victim, who is in her early 20s, attended the particular concert with a friend and was standing towards the front of the large crowd at 8.20pm when she thought she felt someone touching her. She turned around, but initially didn't see anyone.
Day of incident
The court heard the victim tried to tell herself that it was in her head due to the size of the crowd, but she again felt a hand reach under her skirt.
She felt the hand touch the area of her vagina and buttocks over her underwear around seven or eight times. The incident lasted around seven minutes, during which she felt very afraid.
She turned around and saw a man, later identified as Gupta, behind her.
She told her friend, who approached Gupta. A security guard had observed Gupta close behind the victim and initially thought he was taking photos. He came over when he saw her friend approach Gupta and removed him after the victim explained what had happened.
She went to the garda tent at the event and later made a statement. She told gardaí when she turned around Gupta was staring at her, and other people in the crowd were looking at her and at him.
Gupta was arrested. After caution, he told garda that there was no sexual assault, but he was involved in a fight. He said he touched the victim “by mistake once” but didn't remember doing it “more than once”.
During the interview, he accepted touching the victim inappropriately once, but denied any further contact. His phone was examined and nothing was found on it.
The court heard Gupta was apologetic during interview and told gardaí he had had one beer at the concert and never intended to drink again. He said he did it “by mistake” and saw “no reaction”. He added that he did not know “what came into my head”.
Victim impact statement
A victim impact statement was read to the court by the local garda. The woman said she “could not get her head around the idea that something so degrading” had taken place at a concert during daylight.
The woman outlined that she has faced a number of challenges and the concert was intended to be “one night of small happiness” but this was taken from her.
She said she has suffered with anxiety and finds it difficult to leave the house.
The court heard €2,500 had been offered as a token of remorse, but the victim did not wish to accept it.
Gupta has no previous convictions and had arrived in Ireland to visit family in the days before the concert. The court heard he intends to return home once the criminal process is concluded.
The garda agreed with defence counsel that Gupta was co-operative following his arrest and made some admissions during interview.
He also agreed that Gupta spent a number of days in custody before being released on bail.
Defence counsel said his client had come to Ireland after finishing college to visit family. He was given a ticket to the concert by a family member.
Gupta had intended to stay here for a month, but has spent the last seven months in Ireland.
He said a psychiatric report outlined that his client has never consumed alcohol before that day and this had contributed to the offending behaviour, alongside jetlag.
He told the court his client was “naive” and “got swept away in the excitement” of going to the show. His client had been frightened to tell gardaí he had been intoxicated at the concert. Gupta was willing to give an undertaking never to return to Ireland.
Judge Nolan further directed that the token of remorse of €2,500 is offered again to the victim and ordered that if she declines it, it should be given to charity.
He noted Gupta's intention to leave Ireland and directed that he must leave the jurisdiction within two weeks and not return for 10 years.
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.
