Courts

Woman criticises ‘disingenuous’ apology letter as rapist (23) jailed for four years

Victim contacted Ivan Kelly seeking to purchase drugs and an initially consensual sexual encounter turned violent

The Central Criminal Court heard Ivan Kelly, of Buttercup Avenue, Esker Hills, Portlaoise, was 17 when he raped the woman in a Co Laois town on December 27th, 2017. Photograph: Matt Kavanagh

David O'Sullivan
Tue Feb 13 2024 - 15:54

A woman has described her rapist’s apology letter as “disingenuous” and said he showed no remorse after he raped her on a secluded lane.

Ivan Kelly (23), of Buttercup Avenue, Esker Hills, Portlaoise, Co Laois, was convicted by a Central Criminal Court jury following a trial last October. He had pleaded not guilty to raping the woman in a Co Laois town on December 27th, 2017. He was jailed for four years on Tuesday.

In a letter presented to the court prior to sentencing and read out by prosecution counsel, the victim said she felt compelled to respond to an apology Kelly submitted at an earlier sentencing hearing.

She said it “felt quite disingenuous due to the fact that he showed no remorse during the trial”.

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She added that she did not think Kelly “truly feels much for my pain and suffering” and that she hoped he gets the rehabilitation he needs to progress and “be the father he wants to be”.

Sentencing Kelly, Mr Justice Michael MacGrath said it was clear that his offending has had “a very significant effect” and had caused “great harm” to a young woman who had shown courage and fortitude.

Aggravating factors, the judge said, included the use of force, the fact Kelly had to be extradited from the UK, which caused further distress to the victim, his previous convictions and the gravity of the offending.

Mr Justice MacGrath also noted that a probation officer had deemed Kelly to be at a medium risk of reoffending.

The most significant mitigating factor in sentencing, the judge said, was that Kelly was 17 at the time of the rape and therefore a child in the eyes of the law. Other mitigating factors included Kelly’s personal circumstances growing up and the fact he is the father of two young children.

Mr Justice MacGrath sentenced Kelly to four years and nine months’ imprisonment, but suspended the final nine months on strict conditions. The sentence was backdated to June 29th, 2022 when Kelly entered custody.

“If he had been an adult, the sentence that would have been imposed by the court would have been significantly higher,” the judge said.

He also ordered Kelly to have no direct or indirect contact with the victim for an indefinite period

“The hope is that things will improve for her, but one can never be sure that that will occur,” Mr Justice MacGrath said, wishing the injured party well for the future.

At an earlier sentence hearing, Det Garda Michael Esmond told Lorcan Staines SC, prosecuting, that the woman initially contacted Kelly to buy drugs off him. They met in the town and walked to a secluded lane where they had what started as a consensual sexual encounter.

The woman saw a flash on Kelly’s phone and thought he was videoing her. He became more and more forceful and the woman told him to stop. Kelly then pushed her, causing her to bang her head, stood on her ankle and raped her.

When the assault ended, the women met her friends and immediately reported what had happened. She later told her parents, who called gardaí. A medical examination found the woman had bruises and scratches to her neck, shoulder and vaginal area, consistent with the report of rape and assault.

Kelly was arrested and questioned but said the sexual intercourse was consensual and had occurred somewhere else. He denied that he raped the woman. He was released, but left Ireland and went to England from where he was later extradited.

In a victim impact statement, the woman said: “After the rape, I felt like nothing. I lost who I was. I lost the hopes and dreams that I once had.”

“I felt empty every day. I felt nothing but sadness and loneliness. I just wanted to be happy but nothing made me feel happy.”

Damien Colgan SC, defending, said his client fully accepts the verdict and expresses remorse. He said Kelly was a juvenile at the time of the rape and answered all questions put to him during garda interview.

Kelly has 27 previous convictions for possession of knives, possession of drugs, theft, handling stolen property, criminal damage, failure to appear, assault and road traffic offences.

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