Sentencing was put back until next month in the case against a man found guilty by a jury of sexually assaulting his wife at a time when their relationship had broken down but were still living in the same house.

Detective Garda Fiona O’Connell gave evidence at the sentencing hearing following a finding of a jury at the Central Criminal Court sitting in Nenagh last November that the accused was guilty of sexually assaulting his wife and not guilty of raping her.

Prosecution senior counsel Lilly Buckley led evidence from the detective, “This matter commenced as a trial. Ultimately, he was found not guilty of rape and guilty of sexual assault by a majority verdict. The court heard during the trial that the complainant and the accused were married (and had children).

“By October 9 2019 they were still living together in Limerick but the relationship had broken down. This incident occurred on October 9 2019. She gave evidence of the end of the relationship. She had been sleeping on a fold-out couch in the sitting room area.

“The sexual assault occurred after she had fallen asleep. At 6 or 7 a.m. she woke up and the accused had come to her side lying on her chest and had pulled her arms around back.” The complainant commenced coughing as she had a chest infection and could hardly breath and she cried and begged him to get off her. She said that was when he sexually assaulted her. He then went upstairs and brought his clothes down and got dressed in front of her. He accused her of having boyfriends but she did not and she believed he was acting out of jealousy and suspicion.

She described herself as being terrified throughout the ordeal.

Det. Garda O’Connell read a victim impact statement prepared by the injured party. She said what happened to her was disgusting and humiliating and as far as she was concerned this continued during the trial as details were presented before the judge and jury.

“This whole experience is humiliating and disturbing – only because he decided he can do whatever he likes with my body.

“Just after the assault I developed PTSD and mental health difficulties. I couldn’t go to a room without checking – checking under beds and in wardrobes in the kids’ room. I tried to fall asleep with alcohol. I was speaking to myself. I thought I was going crazy. I had nightmares of him trying to harm me again or burning the house down. I didn’t feel safe.

“I feel a little safer now that he is in prison. It is the first time in three years that I am not checking behind doors… My heart feels lighter finally. I hope this is the last time I need to speak about this case,” the victim said in her statement.

Defence senior counsel Mark Nicholas said on behalf of the accused, who is 40, “He accepts the verdict. He utterly regrets what happened. He was hoping the marriage would work out… I suppose there was a dawning. He did not treat her very well at 6 or 7 that morning. He accepts that.” Mr Nicholas said that what occurred should be seen in the context of consensual sexual activity between the parties earlier that same day.

“But he does have remorse and I have been asked to express that. He apologises unreservedly to her,” Mr Nicholas said.

Mr Justice Michael McGrath said he had to consider the matter. He adjourned the case for mention on March 10, at which point the judge will indicate a further date will be set for the sentence to be imposed.