A Dublin man described in the Central Criminal Court as "a serial rapist" has been jailed for six years by Mr Justice Carney for raping a musician he met in a city centre pub.
Paul Moore (37), Mountjoy Square, pleaded guilty to raping and assaulting the 47-year-old woman in his apartment on July 27th, 2001.
Mr Hugh Hartnett SC, for Moore, said his client had suffered serious brain injuries in December 1982 in a road accident after which he underwent a major personality change.
Sgt Liam Hickey told prosecuting counsel, Ms Tara Burns, that Moore had been released from prison in September 2000 after serving a seven-year sentence for rape. He also had two previous convictions for indecent assault.
Mr Justice Carney said the Court of Criminal Appeal had recently increased a nine-year sentence he had imposed to 12 years on the basis that the person had a previous conviction. He said that while a 12-year sentence should be his starting point, there were reasons why he would not impose such a term.
"His previous convictions are extensive but there is only one victim, unlike the other case, and he suffered an extensive brain injury as a result of a road accident," he said.
"The defendant has criminal liability for his actions and needs neuro-rehabilitation but this is not available in the prison system and possibly not in the country. However, these are matters for the Executive and I have to sentence him on the basis of the evidence before me," said Mr Justice Carney.
Sgt Hickey said Moore met the victim in a pub on O'Connell Street where she had performed on the evening of the incident. As she was leaving, Moore offered to buy her a drink and she agreed. They stayed in the pub for a while before going to another pub on Parnell Street.
When they left this pub Moore invited the victim back to his apartment on Mountjoy Square to look at a book which he said would be of interest her.
She accepted the offer but once in his apartment he tried to kiss her and she told him she was gay and "not into men". Sgt Hickey said she became very afraid of Moore and sensed he could be very dangerous and violent.
She also thought that if she showed him how afraid she was, it would trigger the violence, so she tried to remain outwardly calm. However, he went on to rape her and forced her to perform oral sex.
Sgt Hickey said the victim ran from the toilet to the apartment door but Moore noticed she was escaping and came after her, pulling her hair so hard that some of it came out.
She managed to escape his grip and ran up the stairs. She banged on the door of another apartment in the building and the occupants let her inside. She then called the Garda.
When gardaí arrived shortly afterwards, Moore showed them a note which she had signed saying: "I have consented to everything that happened between me and Paul Moore tonight." Sgt Hickey said she did not remember at what stage during the night she had signed the note, but had done so to appease him. She had signed a false name on the note because she was afraid he might find her and come after her.
Moore had insisted during questioning that the victim had consented to sexual intercourse with him, but shortly after the official interviews ended he asked: "What will happen now?" and said: "I know what happened was wrong, and I am sorry."
"The humiliation of what happened with me has remained with me," the woman told Mr Justice Carney in court. She said she continued to have flashbacks and still needed counselling.