Man convicted of sexual assault at house in Cork has appeal over sentence dismissed 

A student in bed with three others after a night out reached over and sexually assaulted another student as she slept, and today he appealed the severity of a three-and-a-half-year prison sentence but his appeal was dismissed.

Barrister Neal Horgan for the accused submitted to the Court of Criminal Appeal sitting in Cork that the headline sentence of five years was too high, and that the reduction of it to four and a half years with the last year suspended took insufficient account of mitigating factors.

Mr Horgan stressed that the sentenced man had no previous convictions, was of previous good character, was relatively young and was highly qualified and had lost a lot of career opportunity as a result.

During the submissions, one of the three judges – Mr Justice Patrick McCarthy – said in respect of the latter point: “It may be that there are adverse consequences to people committing crimes but I don’t think that is your best point.” 

Paula McCarthy barrister for the prosecution said: “This young lady was out socialising with friends and returned to the house where she was residing and had a right to feel safe. 

“When asleep he reached over another man to digitally penetrate her. He was asked by his brother to stop but he continued.” 

Mr Justice Patrick McCarthy, who considered the appeal with Mr Justice Michael MacGrath and Mr Justice Seamus Noonan, said that the judges might each have imposed a different sentence to Judge Helen Boyle at Cork Circuit Court, whether that would be higher or lower than what was imposed.

“But Judge Boyle heard this trial over four days and she had the complete picture. 

“We do not think there was an error in principle arriving at the headline sentence of five years and the (sentence reached). We take the view there was no error in principle in this case. 

“We are in agreement… the judge acted within her margin of discretion so we dismiss this appeal,” Judge McCarthy said.

In her victim impact statement, the young woman said: “It was one of the worst things I have ever experienced… I am still struggling to get back to myself. The days immediately after were horrendous.

“I learned an unfortunate but valuable lesson that night – even in familiar surroundings with friends there is always a possibility that someone else could violate your safety.” 

The man who was convicted of the sexual assault had pleaded not guilty but was found guilty by a jury. 

He had no previous convictions of any kind. The parties cannot be named for legal reasons.

The victim said she was very good friends with the man who was beside her in the bed and that the other two students in the bed were with him.

The young woman testified that she was out drinking with friends in Cork city on the night in question and that she was drunk and could not remember anything from the moment they left the pub to the moment when she woke to find the accused putting his fingers in her vagina.

She said she was on one side of the bed, her friend was on the other side of her and that the man who sexually assaulted her was reaching over her friend to carry out the assault.

The accused said that the young woman consented to the sexual contact and had been sucking his fingers before the disputed incident occurred. 

She said she was asleep and could not have consented.

Detective Garda Kevin Hastings of the Garda Protective Services Unit said the parties had been out socialising together and returned to a house in Cork where all four ended up in the one bed.