A Cork man has been jailed for 13 years for rape, his third such offence since 1998.
David Hegarty (32) raped the woman just two years following his release from a 10-year sentence imposed in March 2000 for raping two female students in Cork city centre on October 5 and October 27, 1998.
Hegarty, a father of one, with a former address at Nutley Road, Mahon pleaded guilty to orally raping the foreign national in the early hours of the morning of May 22nd, 2008 close to a Cork city centre bus station.
Mr Justice Paul Carney, noted that counsel for the State Paul Coffey SC and Patrick MacEntee for Hegarty, were agreed he was bound by the ruling of the Court of Criminal Appeal in the case of Gerard Kelly to impose a “proportionate and determinate sentence in accordance with the facts of the case”.
Mr Justice Carney had indicated he was inclined to impose a life sentence on Hegarty as he had in the Kelly case on January 22nd, 2007 “so that he (Kelly) would not be able to do the same again”.
Mr Justice Carney said Hegarty’s crime on a defenceless woman in the early hours of the morning was “particularly predatory and opportunistic” and he had also received sentences previously for similar crimes.
“This raises inferences in my mind that he will do so again at the first possible opportunity and that the appropriate sentence is one of life imprisonment.”
Mr Justice Carney said that his life sentence on Kelly was set aside “in a fairly lengthy judgement” on July 31st last by the Court of Criminal Appeal, which didn’t accept that the facts in the case were such as to merit life imprisonment.
He said that in view of the CCA decision in the Kelly case, he would impose a 13 year sentence on Hegarty to date from his arrest and directed that he undergo 10 years post release supervision. He also directed that Hegarty’s name be entered on the
register of sex offenders.
Detective Garda John McDonagh said Hegarty’s victim was waiting outside the bus station at 5.30am when he grabbed her around the neck from behind and dragged her a short distance away before raping her.
He was caught near the scene by Garda Aidan O’Mahony after a member of the public telephoned the gardai.
The victim told Mr Justice Carney: “I will never forgive him for what he did and I will never forget it.”
She said that Hegarty’s attack on her had “totally changed my lifestyle” and left her afraid to walk anywhere on her own. She had become suspicious of men and didn’t feel safe on her own anymore.
The woman said she also suffered sleepless nights, needing indication to help her sleep at all and she was still having regular counselling.
“Counselling is the only place where I can talk openly about what happened.”
Hegarty said in evidence that he wished to apologise to her and say he was sorry. He added that he would “wholeheartedly co-operate” with any treatment he might be offered in prison.