A barman who sexually assaulted a hotel lounge assistant he previously slept with has been given a three-year suspended sentence.
The then 21-year-old victim has since gone to work in England because she became too upset on meeting former colleagues and passing the place where the assault happened. She had worked at the same hotel as the defendant, but left it following the assault and worked for a short time in the city centre before emigrating.
The 23-year-old defendant, who cannot be named to protect his victim's identity, pleaded guilty at Dublin Circuit Criminal Court to committing the offence in October 1995.
Judge Joseph Mathews said his behaviour was "inexcusable, bullying and brutish" and was an outrage on the woman's person. "You abused an association you had with this lady," he said.
Garda Eilis O'Hara told prosecuting counsel Mr Tom O'Connell BL that the victim and the defendant became drunk one night after she had caddied for him in a golf outing and they slept together. There was rumour and gossip in the hotel after that about their relationship.
The offence happened some time later at the end of a party after the defendant kissed his girlfriend good night and she left for home in a taxi. He pinned the victim against a wall and sexually assaulted her.
She finally got away and telephoned the gardai, who found her distressed, with her clothes torn and dirty. i brought her to the Rotunda Sexual Assault Unit. The barman was arrested and made a statement of admission. He had no previous convictions.
The defendant's employer said he was one of the best workers they had. The company wouldn't normally support an employee who committed a criminal offence and didn't condone what he did but found it difficult to believe he got into this trouble.
Defence counsel Mr George Birmingham BL said his client would compensate the victim for her £4,000 loss of earnings and cost of moving to England. He had apologised to her, and pleaded guilty "without equivocation" at the first opportunity. Despite their previous night together, the woman was entitled to say "no" and he was most remorseful for his action. It was completely out of character and he was unlikely to re-offend. Judge Mathews said the barman was saved from custody by a number of factors, including his employer's evidence. "In this case I can avoid jailing you, but you now have a criminal record, which remains with you for the rest of your life," he added.