Binge-drinker who sexually assaulted sleeping woman told to save €10,000 in compensation

The sentencing of a binge-drinking man with a “significant intellectual disability” for a horrific sexual assault on a sleeping woman has been delayed pending an updated psychological assessment and for him to save €10,000 compensation.

The accused, in his 20s, entered a guilty plea and appeared before Judge Keenan Johnson at this week’s sessions of Mullingar Circuit Criminal Court.

The offence happened in the midlands in the early hours of December 27, 2019.

A local garda gave evidence that the woman had been visiting family for Christmas and socialised on the night of Stephen’s Day. Afterwards, she went to her brother’s home and fell asleep on a couch.

The room was dark, and she woke up to find “someone was on her”.

“She said she felt breathing and someone talking in a very low tone, saying her name, making grunting noises,” the witness told the court.

He had one hand on her top, and she could feel his fingers on her chest area, and her pants were pulled down.

One of her legs was held up, and she felt something hard against her leg and activity in the area of her vagina, and she pushed him away.

She was unaware her brother had allowed the accused into his home after she had arrived and fallen asleep.

At first, she had thought it was her brother, but the following morning, he explained that he had let the accused stay.

She then confronted and slapped her attacker in the face, saying, “You know what you did,” to which he replied, “I’m leaving”.

She had bruising and was bleeding.

The attacker’s DNA from his saliva was detected on her pants and vagina, the court heard.

When interviewed by gardai, the accused admitted the allegations and told them he touched her inappropriately.

The woman did not have to testify or face cross-examination due to the guilty plea but had provided a moving victim impact statement.

The court heard that when she woke up, she froze in fear and did not know how long the man had been violating her.

She opened up in the statement about how it made her struggle with guilt and self-blame. She no longer sleeps in the dark and is now a light sleeper.

She also suffered from flashbacks relating to past traumatic events. The court heard that she had been subjected to childhood sexual abuse, which resulted in a relative being jailed.

In her statement, she said she hoped the accused learned about consent when he is around women.

The man had prior convictions for motoring offences, and the court heard he had life-long deficits in cognitive and adaptive functioning and was looked after by his family.

A probation report recommended he engage with a sexual education programme and categorised him as a “moderate risk”.

Delia Flynn SC was instructed to tell the court her client was full of remorse, and she submitted that the attack seemed opportunistic.

Today, Judge Keenan described it as a horrific assault and praised the victim.

He had said it was abundantly clear that the accused loses control due to his bad binge drinking, which has to stop.

He noted comprehensive evidence that the accused, who is to be placed on the sex offenders registrar, had cognitive deficits described as a “significant intellectual disability”.

He adjourned the finalisation of the case until July for updated probation and forensic psychological reports and for the accused, who is employed, to have compensation.

He is not being named to protect the identity of the complainant.

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