Man jailed for second time after re-conviction for rape – Homepage

By Niamh O’Donoghue and Fiona Ferguson

A man has been jailed for a second time for raping his friend after the Court of Criminal Appeal overturned his previous conviction.

The Central Criminal Court heard that the man had previously been given a seven-year prison sentence, with the last three and a half years suspended, and that he had served a significant portion of the prison sentence before his conviction was overturned and he was released on bail.

The 29-year-old man, who cannot be named to protect the woman’s anonymity, stood trial again earlier this year and was found guilty for the second time by a jury of raping the woman at her home on November 7, 2018.

He has no previous convictions.

Passing sentence on Friday, Mr Patrick McGrath said it was clear the offenses had a very traumatic effect on the young woman. He said this had been exacerbated by the breach of her trust in her best friend on the night in question.

He said he accepted that the suspect was a young man who had led an impeccable and productive life to date. He said he had worked hard and tried to make progress as set out in the references before the court.

He noted that the man accepted at most partial responsibility for what happened. He said the man had the right to a trial, but that meant the woman had to testify twice.

Mr McGrath said he had no intention of deviating from the sentence previously imposed by Mrs Justice Deirdre Murphy and imposing a main sentence of seven years’ imprisonment.

He pointed to the stigma of the conviction and the loss of reputation that will remain with him for the rest of his life. He took into account that he had been a ‘model prisoner’ and that there was a need for rehabilitation.

Mr Justice McGrath echoed Ms Murphy’s comments that the defendant had not only derailed the injured party’s life by his actions, but had also torpedoed his own life.

He imposed a seven-year prison sentence, suspending the final three and a half years on conditions including that he comply with the recommendations in the probation report and be assessed for a sex offender treatment program and an alcohol treatment programme.

The judge has ruled that all time spent in custody in this case must be taken into account.

A local garda told the court that the suspect was convicted of a single charge of rape in May 2022, but the conviction was quashed and a retrial ordered.

He was sentenced to seven years, with the last three and a half years suspended, but was released last January.

The victim said she and the man had been best friends since she was 14, and that he was an “essential part” of her family.

The court heard on November 6, 2018, she had the day off and they texted each other and he said he was having problems with his girlfriend.

She was in the pub, he joined her there and later went home together. She said it was a completely platonic relationship. She asked him to make her a sandwich and she fell asleep.

She woke up and found him penetrating her, and she said, ‘No, I don’t want that.’

The court heard that the victim did not immediately report the incident. She was encouraged when she saw something on television, and she texted the man that he had raped her.

The man insisted during the interview that he only had sexual contact with her when she was 14. The garda told the court the victim said she kissed him when she was 14.

The court heard the man has no previous convictions and has been released on bail since the outcome of his appeal. He was in custody from November 2021 to January 2024, the court heard.

In her victim impact statement, the woman said: “Being a victim of rape changes your life.”

“I find myself constantly doubting myself.” “He broke all our hearts.”

The woman said she had to relive the rape twice, “by not one but two juries.”

“To not see any remorse in his eyes for shattering my heart. I hope this is the last time I have to fight for my justice.”

John Berry SC, defending, said it was an unusual case in that the sentence had already been imposed and his client accepted the jury’s verdict.

If you have suffered from any of the issues discussed in this article, you can call the national 24-hour Rape Crisis Helpline on 1800-77 8888, access the text message service and web chat options at drcc.ie /services/helpline/ or go to Rape Crisis Support.