A paramedic who raped a vulnerable young woman almost 40 years ago has been jailed for eight years and six months.
John Joseph Devaney (65) was convicted of rape and indecent assault following a trial at the Central Criminal Court last December.
The court heard on Friday the complainant wishes for Devaney to be named, but wants to maintain her anonymity.
In her victim impact statement read out in court previously, the complainant said the man was “bad” and had hurt her in October 1985. She said she felt “scared”, “sick”, “dirty”, “confused”, “embarrassed” and “sad” afterwards.
The victim, who is deaf, attended the court proceedings remotely and was assisted by sign language interpreters.
The offence took place on a date between September and November 1985 in a rural location. The victim was then 24, while Devaney was 26 years old.
The court heard that Devaney, of Clonberne, Ballinasloe, Co. Galway, does not accept the verdict of the jury and continues to maintain his innocence.
Ms Justice Karen O'Connor said this offending was “egregious in nature”.
Took advantage of a vulnerable woman
She said the aggravating features of this case included that Devaney “took advantage of a vulnerable woman” and the impact of the offending on her. She noted that the offending took place on one occasion in a caravan.
She noted that Devaney has maintained his innocence as he is entitled to do, but that as a result, the level of mitigation provided by a guilty plea is not available to him.
She said the mitigation included his work history, his previous good character and lack of relevant previous convictions. Ms Justice O'Connor also said she would take into consideration as mitigation the “sensitive” manner in which he and his counsel participated in the trial.
She noted that this will be the first time Devaney is in custody and his age may make this more challenging.
Ms Justice O'Connor handed Devaney a sentence of eight years and six months in relation to the rape charge.
She also imposed a sentence of six years on the indecent assault charge, with both sentences to run concurrently and to be backdated to when he entered custody in January.
Ms Justice O'Connor noted the “great dignity” displayed by the victim during the trial and wished her well for the future.
At a previous hearing, a sister of the victim read a victim impact statement on behalf of the family. She said the incident had a “severe impact” on the woman, who lost her independence and could not leave the house for a walk.
She said her sister was “very aware of her personal space”, particularly in the presence of men.
A local garda told Roisin Lacey SC, prosecuting, that Devaney and the victim were known to each other.
A complaint was made to gardaí by the victim's brother in 2014, and she was later interviewed by specialist gardaí.
Day of incident
On the day in question, the woman said she was walking her dog when Devaney pulled up beside her in a white vehicle. During cross-examination, she said he grabbed her wrist and put her in the car.
She said she was taken to a mobile home, and he removed her trousers, underwear and shoes. The victim told gardaí that the man placed his penis inside her, indicating her vaginal area and buttocks.
She walked home with her dog afterwards and family members observed she arrived later than normal.
The woman told gardaí the defendant was a “bad man” and he touched her. She also said she was afraid.
Several of the victim's siblings gave evidence during the trial, recalling that she was not her usual self and started to behave unusually after the incident.
A number of psychological reports were handed to the court which outlined that the woman has certain vulnerabilities.
The court heard that the Director of Public Prosecutions places this in the more serious category of sentencing for rape due to the breach of trust, the impact of the offence and the woman's vulnerabilities. The maximum penalty for indecent assault in 1985 was 10 years.
Devaney was arrested in 2017 and replied, “that's news to me” after caution. When interviewed, he denied any wrongdoing but answered questions. He confirmed he bought a mobile home in the early 1980s and that he drove a white Toyota van.
He told gardai that he knew the victim “to see”.
Devaney has no recent convictions, but the court heard he has several minor road traffic convictions dating back over 30 years.
He has a long work history including as a paramedic.
The local garda agreed with Garret Baker SC, defending, that his client was 58 when he was first arrested in relation to this offence, which occurred over 38 years ago.
It was also accepted that his client has no previous convictions for sexual offending and that he complied with all bail conditions.
In his plea of mitigation, Mr Baker said Devaney does not accept the verdicts of the jury and maintains his innocence. He said a Probation Services report found he is at a low risk of re-offending.
Mr Baker outlined Devaney's lengthy work history, including his work as a paramedic. He has a number of children and grandchildren, the court heard.
He asked the court to take into consideration that this was a once-off incident and there was “no overt” violence, beyond the inherent violence of the act itself.
Defence counsel handed in a number of testimonials to the court. Members of Devaney's family were in court to support him.
As part of her impact statement, the woman's sister said her sisters felt they “hampered” her progress and independence through over-protectiveness."
She said their mother later moved to a different area and her sister was able to regain some independence and sense of safety.
However, the trauma “resurfaced” for the victim when their mother became ill during the mid-2010s and other family members wanted them to move back.
She said the sisters decided it was not safe or appropriate for the victim to move back and she now lives with one of her siblings. They told a brother what had happened and he contacted gardaí.
Her sister said the trial process was very difficult for the victim and she expressed the family's thanks to the gardaí, interpreters, intermediary and jury.
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.
