'Everyone needs to know he is a rapist' says victim as Cork landlord is jailed for seven years
Lorita O'Donoghue who waived her right to anonymity following the rape case and the sentencing of Michael Paul O'Leary, with Mary Crilly, Cork Rape Crisis centre at the Central criminal court in Cork Picture: Eddie O'Hare
A seven-year jail term was imposed on Friday on a 62-year-old landlord who raped a young woman who was a tenant at the time as the sentencing judge said that the landlord-tenant relationship between the parties was an aggravating factor in the case.
Lorita O’Donoghue waived her anonymity at the Central Criminal Court where Michael Paul O’Leary of Four Winds, Ballyarthur, Fermoy, County Cork was sentenced on Friday.
Ms Justice Siobhán Lankford said, “It occurred in a relationship of some trust between a landlord and his tenant, and between neighbours, and it occurred proximate to her home in a property adjoining her own residence. That is an aggravating factor.
“She was highly intoxicated and it was apparent to Mr O’Leary that she had a significant level of intoxication. I regard that as an aggravating factor.
“I see no basis for suspending any portion of it where he does not accept the verdict of the jury and continues to assert his innocence.” Noting that Mary Crilly of the Sexual Violence Centre and the injured party’s husband were among those present in court to support Ms O’Donoghue, Ms Justice Lankford also said, “I wish to commend her for the clarity and bravery of her victim impact statement.”
Speaking outside the court afterwards, Lorita O’Donoghue said she was happy with the sentence imposed. She said, “I am a survivor of rape, and I have nothing to be embarrassed about or ashamed of."
“What happened to me was wrong and was a choice made by someone who had absolutely no right to and I've been paying the price for since. Every single aspect of my life has been much harder since this crime was perpetrated against me, and I have had to find the courage and strength to reclaim my life bit by bit and be here today.
“I have struggled with feelings of shame and self-blame. But the shame and blame is on Michael Paul O'Leary. He is known as Mike O' Leary in America when he lived there and is known as Paul O' Leary here in Ireland. Everyone needs to know he is a rapist.
“Unfortunately, victim blaming and rape culture exist around us, protecting and giving power to monsters like him. When you see or hear about a victim of rape, remember please, don't question or doubt them - question or doubt the perpetrator.
“The Irish criminal justice system is tough on the victim, but I got through it, so take courage. I am very grateful that this case got to court and the jury found him guilty of rape.
“I want to thank Detective Garda Rachel McGrath from North Cork Protection Service. Ms Justice Siobhán Langford, the DPP & counsel, the SATU clinics in Cork and Galway, the Rape Crisis Centres in Cork and Galway, my husband and my family and friends for supporting me. I feel like I can finally begin the long road to healing and finding a new sense of peace.
Previously in her victim impact statement, she addressed the defendant directly, “You were our landlord, so after you chose to rape me, we obviously had no home anymore, how could we stay there. I did not feel safe or comfortable (there) anymore.”
Michael Paul O’Leary was found guilty by a jury or rape on May 28 2022 and the jury deliberated for nine hours and 32 minutes before reaching their 10-2 majority decision that he was guilty of rape.
Detective Garda Rachel McGrath was led through her evidence by prosecution senior counsel Conor Devally of the background to what happened on the night in May 2022. Earlier in the evening there was conversation about background niggling issues that the accused man had with a relative of the complainant’s fiancée and he made a comment – possibly joking – that he might have to give them “two weeks notice to quit”.
She felt somewhat intimidated by this and contacted her fiancée (now husband) who was away that night.
Later when she was at home in her pyjamas watching television and having a drink, the defendant texted that he had opened a bottle of wine which he could bring over and he did and they shared this and chatted.
Later they went to his house to have another drink and she reluctantly agreed to drink brandy. Mr Devally said, “Her evidence was it was being topped up without invitation on a continuous basis and she became overwhelmed by drink and intoxication. The first physical contact occurred when he began to massage her shoulders… She collapsed into unconsciousness, unaware of anything until she woke.
"Momentarily, she believed (her fiancée) was on top of her. She realised it was (the accused). He had penetrated her and was on top of her… she was overwhelmed and shocked and asked why he had done that and tried to ruin her and (fiancé’s) life.”
When questioned by gardaí and in the trial, the defendant claimed it was consensual at all times and that it began with mutual touching. The jury rejected his account and found him guilty of raping the young woman.
Ms Justice Lankford also referred today to the defendant’s evidence that what happened was consensual but she commented that it was evidence which was rejected by the jury.
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