Man (28) jailed for rape of woman while she slept

Niamh O'Donoghue

A man has been jailed for six and a half years for the rape of a woman while she was sleeping in her own home.

Kevin McGovern (28) of Main Street, Castlefinn, Co Donegal was convicted by a Central Criminal Court jury of one count of rape on August 21st, 2021.

A nolle prosequi was entered in respect of two other charges the jury could not agree on. These were one count of sexual assault and one count of burglary on the same date.

The court was told that the injured party, Lauren Holmes, wished to waive her right to anonymity so McGovern could be named.

Passing sentence on Thursday, Ms Justice Melanie Greally said the aggravating factors include the “grave breach of trust”, the impact on the victim and the fact that the offence took place in her home.

She said there was “no doubt” that McGovern decided to return the injured party's home, and that he got into her bed and “violated her while she was asleep”. The judge noted that McGovern has no previous convictions and has not come to other garda attention.

Ms Justice Greally said the court had “given minimal regard to the odium he experienced in his community in the aftermath of the offence”, noting that part of the punishment for a sexual offence is the stigma associated with being a known sex offender and on the sex offenders register.

She imposed a seven-year sentence with the final six months suspended to encourage rehabilitation.

The judge directed McGovern to place himself under the supervision of the Probation Services for 12 months post-release and backdated his sentence to November 18th, when he went into custody.

Reading her victim impact statement to the court, Ms Holmes said she never had any interest in McGovern and that after the rape she tried to take her own life.

“If it wasn’t for my children, I wouldn’t be here today to tell my truth. I was such a happy go lucky girl…he has changed that.

“I’m medicated daily and probably always will be. I will never sleep peacefully again,” she said.

Ms Holmes said he put her through a second trial and showed no remorse. She said she would continue to campaign for victims of sexual violence.

Detective Garda Sean Barrett gave evidence that the victim knew McGovern locally, as he was a year or two ahead of her in school.

He told Eileen O’Leary SC, prosecuting, that the victim had been drinking shots and described herself as being drunk on the night. She did not engage with McGovern on the night, the court heard.

She went back to her house with another man, and the court heard there was a romantic interlude between them in the sitting room in the house.

The victim said she was tired and put her pyjamas on before she went to bed. She woke up with McGovern on top of her.

She said she just had her top on and her pyjama bottoms were beside her bed on the ground. The victim said there was never anything romantic between her and McGovern, but he made suggestive remarks a few weeks previously, and she told him “it would never happen”.

The next morning, she rang her friend and said McGovern was having sex with her when she was asleep and asked her friend to stay on the phone while she got him out of the house.

She shouted at him that he had to leave, and McGovern asked her, “Why are you so thick?” meaning “Why are you so angry?” the court was told.

He left, and a short time later, he contacted her by messenger and denied any sexual intercourse saying, “But I didn’t do f**k all, like.”

He said in messages that “you’re making out that I wanted to sleep with you and I have a woman.” The victim told him, “You’re not my type,” and asked him to leave her alone.

She rang her friend, and she was taken to a sexual assault treatment unit (SATU). The trial heard from a number of witnesses.

When McGovern was arrested in January 2022, he denied rape and said he had consensual sex. He was later charged with three offences.

Under cross-examination, Det Gda Barrett agreed McGovern made a number of admissions which helped with “the smooth running of the trial”.

He also agreed with Paul Murray SC, defending, that his client was on trial in Carrick-on-Shannon earlier this year, but an issue arose, and the jury was discharged.

Mr Murray told the court that McGovern had taken cocaine on the night. Counsel said he was surprised the DPP had placed it in the higher category of offences and submitted that, because the victim was not beaten or restrained, it was not in this category.

Ms Justice Greally said the element of alcohol was a feature of the case and asked had the drugs been addressed on the rehabilitation side.

If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help.     

Alternatively, the contact information for a range of mental health supports is available at   mentalhealthireland.ie/get-support. 

In the case of an emergency, or if you or someone you know is at risk of suicide or self-harm, dial 999/112.