A FITTER who sexually assaulted a former workmate after a disco has been jailed for two years by Dublin Circuit Criminal Court.
Judge Kieran O'Connor said violence was done to the now 20 year old woman. "You tried to rape this young girl and your guilty plea to sexual assault has saved you a much longer time in prison," he said. The judge suspended the final year of sentence on condition that £1,000 compensation the defendant had in court was handed over to the victim.
The 25 year old single man admitted he sexually assaulted the woman on February 26th, 1995, in the Dublin area. Judge O'Connor prohibited publication of his name. He had no previous convictions.
Garda Dermot Butler told Mr Gerry O'Brien, prosecuting, the couple shared some light intimacy such as kissing at times over the four or so years they knew each other. They were at the same disco on the night of the incident and consensual intimacy including touching occurred.
The defendant walked from the bus with the woman down a laneway towards her home later and after some more kissing he asked her if there was "any chance". She took this to mean sexual intercourse, said No and walked off.
Garda Butler said the defendant persisted in attempting various intimacy including putting his hands under her clothes and she slapped him in the face. He then became angry and violent and succeeded in pulling down her jeans. Her underwear was also ripped.
The woman's protests were heard by neighbours who asked if she was all right. The defendant ran off and was arrested later at his home. He was co operative with gardai and admitted the outline facts of the case in that the victim consented to some of his advances but not to others.
Garda Butler agreed with Mr John Nolan, defending, that the defendant was unlikely to reoffend. His proposed marriage with his former live in girlfriend and mother of his son had been put on hold awaiting the outcome of this case.
Mr Nolan said his client had abstained totally from alcohol since the incident. He had drunk about 10 points from 6 p.m. the evening before it. He was remorseful for his actions which he accepted went beyond his rights and asked counsel to apologise in open court for him.