Man jailed for rape and sex assault on two women in Cork house

Fiona Ferguson

A man who raped one woman and sexually assaulted another on the same night ten years ago has received a seven-year prison sentence.

The Central Criminal Court heard that Luca Fox (30) was extremely drunk on the night in question and had assaulted both women in their beds as they attempted to sleep.

One woman told the court: “This made me become a fearful shell of myself.” She described the devastating impact the rapes have had on her health, life and relationships in the past decade.

She outlined how she had sympathy for Fox at the time and had not wanted to ruin a young person’s life. “I ended up sacrificing mine instead,” she said.

Fox, with an address at Alfonso Street, Madrid, Spain, pleaded guilty to sexual assault of one woman and was convicted by a jury of two counts of rape of another woman at a house in Co Cork on October 21st 2015.

All parties were 20 years old at the time. He has no previous convictions.

The women both wish to retain their anonymity but have no issue with Fox being identified.

Fox has accepted the verdict of the jury and issued an apology to both women through his counsel.

Passing the sentence on Thursday, Ms Justice Melanie Greally said Fox's multiplicity of offending was an aggravating factor and that these incidents took place in a location which should have been a place of safety for both women.

Sentencing

The judge noted the probation report identified a correlation between Fox's harmful behaviour and his addiction issues, and that he is placed at average to moderate risk of reoffending.

It also stated that he demonstrated insight and remorse for the lasting effects of his behaviour on the two women, the judge added.

She said she had considered the mitigation, including Fox's background and family support, his youth at the time, addiction and mental health difficulties and his efforts to address these.

She imposed a sentence of seven years in relation to the rape offences and handed down a concurrent two-and-a-half-year sentence on the sexual assault.

She backdated the sentences to November 25 last, when Fox went into custody.

Noting that Fox is resident in Spain, the length of time elapsed since these offences occurred and his efforts to address his issues, the judge said she would not impose a post-release supervision order.

An investigating garda told Cathleen Noctor SC, prosecuting, that Fox had been resident in Cork in 2015 and attending college in Ireland. Fox, who was 20 years old at the time, had been socialising on the night in question and was quite drunk.

He accompanied a group he met back to their house as they felt sorry for him.

The court heard that he became loud and obnoxious back at the house where they had food and smoked cannabis in one of the bedrooms. The residents tried to persuade Fox to sleep downstairs.

One woman made a remark about having sex with Fox if he ordered pizza and paid for it. The woman actually paid for the pizza, the court was told.

Fox went downstairs, and the woman and her friend remained in the bedroom to sleep.

Fox came back into the room and got into the bed. He tried multiple times to pull down the woman’s underwear, and she told him no. He then raped the woman in the bed twice as her friend slept.

She described how she had been face down in the pillow during the offence and how relieved she was at being able to breath when he stopped.

The following morning she attended a sexual assault treatment unit and contacted gardaí. She did not wish to make a formal complaint at that time.

There was some contact from Fox in which he apologised and said it was clear she was “not up for seconds.”

She told Fox she had not been up for the first time. Fox replied that he did not recall her refusing and maintained he was misled by her pizza statement.

Second incident

The court heard a second woman was also sexually assaulted by Fox in her bed as she was trying to sleep.

She said Fox was “grinding” on top of her, and it was like he could not hear her. She had to kick him with her legs before he got the message and left.

A formal complaint was made in 2021, and Fox was interviewed in Spain, where he was living in 2023.

He maintained that the first woman gave an understanding that one act had been consensual and said she could have asked for help or said no.

In relation to the second woman, he initially did not know who she was. He later said he had spooned her and when she told him to get off, he did.

In her victim impact statement, the first woman said what had happened in 2015 had devastated her. It has impacted and ruined every moment since. She said she has not had a moment of genuine peace.

She said every milestone had been corrupted, and a part of her was always in survival mode.

She outlined how she suffered panic attacks, came out in a rash because of stress and used drugs and alcohol as an escape.

She said her confidence was on the floor, her self-worth devastated, and people walked on eggshells around her, leaving her further isolated.

Her professional life, relationships, education and family have all been immensely negatively impacted, she told the court.

Vulnerable

She said she is very vulnerable around men, and how she dresses and presents herself has changed. She does not want to stand out and doesn’t want people to look at her.

She describes how the trial had been a “torment” and told Fox: “I hope you have taken the time to understand the gravity of what you have done”.

She said she want him to realise the full impact and never hurt anyone again. She said she hoped that finally getting justice will enable her to move forward.

The second injured party was not in court and did not submit a victim impact statement.

The garda agreed with Alice Fawsitt SC, defending, that Fox was interviewed eight years after the events and was completely cooperative.

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. In the case of an emergency, always dial 999/112.