Man (37) who sexually assaulted friend as she slept jailed for over two years
The 37-year-old pleaded guilty on a trial date to sexual assault on a date in September 2019 at an address in Co Dublin.
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He can't be named to protect the anonymity of the complainant.
Dublin Circuit Criminal Court heard that the woman was socialising and drinking with friends, including the man, the night before this incident occurred. The following morning, the man was asleep on one sofa in the living room.
The complainant went to sleep on another sofa in the room about an hour later. She woke up 30 minutes later to the man kneeling beside her and sexually assaulting her.
An investigating garda told Diana Stuart BL, prosecuting, that the woman noticed he had unbuttoned her jeans without waking her. He asked her 'did you want me to fuck you?'
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She replied: 'Get away from me.'
He buttoned her jeans back up then went to the bathroom. The woman left the apartment.
She later told gardaí that she had not consented to any sexual contact with the man.
The court heard that the man was co-operative when interviewed by gardaí and accepted the woman's account of what had happened.
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He has no previous convictions.
A victim impact statement was handed to the court and not read aloud.
An investigating garda agreed with Kathleen Leader SC, defending, that the man was forthcoming during interview and told gardai he didn't have consent.
Ms Leader told the court her client had moved to the jurisdiction in the mid 2010s to study. He has a good work history and supports his son, who lives aboard with family members.
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A letter of apology and work references were handed to the court.
The man got into the witness box and said he tries his best to avoid drinking in public and at parties. He said he had gone through websites to learn more about consent.
The man said he was 'really sorry' and has 'lived to regret that day'. He said he was 'very sorry' for what he did to the woman and wished he could apologise to her.
He said he wished for a chance to take back what he did, but this was not possible and all he could do was apologise.
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Judge Elma Sheahan asked why the man took a trial date if he accepted responsibility at the garda station.
Ms Leader said it may have taken time for her client to come to terms with the process. Her client has accepted responsibility and has matured since then, she said.
She asked the court to take into account her client's previous good record and that he stopped his behaviour on the night in question once the woman told him it was unacceptable.
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Counsel asked the court to consider a non-custodial sanction.
Imposing sentence on Monday, Judge Sheahan said the seriousness of the offending and the circumstances in which it took place, including that the woman was asleep, were aggravating.
She noted the mitigation, the man's personal circumstances and the effect of custody for a first-time offender.
The judge said the custodial threshold had been passed and handed the man a three year sentence, with the final six months suspended on strict conditions.
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