A man who had served two years of a seven-year sentence imposed for raping a woman in Co Sligo was released yesterday when he gave a voluntary undertaking not to cross the Shannon before 2003.
The 24-year-old defendant gave further undertakings to the Central Criminal Court to live with a relative in another county, not to abuse alcohol and to arrange ongoing counselling and supervision.
Supt James Sheridan had told Mr Shane Murphy, prosecuting, at a sentence review hearing that the now 23-year-old victim feared meeting the man again and felt she would have to move if he returned to Sligo.
The defendant, who cannot be named to protect the victim's identity, was serving the sentence for rape and assault occasioning actual bodily harm on a beach on January 18th, 1996.
Mr Justice Lavan warned the defendant he would be brought back to court immediately if he breached any of the conditions of his release.
He noted the State had accepted it would have been impossible to prosecute the man successfully without his confession and guilty plea.
Pleading for a second chance, the defendant said to Mr Justice Lavan: "I want to show people I am not a bad person through and through."
He said he had gained an insight into the effects of his crime from a sexual offenders' programme he had completed in Arbour Hill Prison.
His victim, he said, had to live with the trauma of his crime but he expressed the hope she would find the strength to enable her to put it behind her and get on with her life. He was very sorry for the offence.
The man's girlfriend told Mr Blaise O'Carroll SC that he was a changed person since doing the course in jail. He was now open and could talk about his problems. They were engaged.
Mr Justice Lavan said it was a very difficult case. It was a terrible assault, causing serious injuries and consequences to the victim. However, it had been conceded that it would have been hard to bring the defendant to justice but for his confession and guilty plea.
The defendant had given a number of voluntary undertakings, and if there was a breach he would go back to jail. The clinic psychologist's report was very much in his favour.
The judge said the defendant must never go back to Sligo until December 2003. This was his seven-year sentence. When it was completed he would have paid his price to society.
"The court has to balance the possibility of him being regenerated in the future and afford him the hope to address the future from here on in," he added.