Man receives Probation Act at Naas Court after sexual assault
Case
A man charged with sexual assault on a date in October 2019 appeared at Naas District Court on May 26.
Det Gda Enda Coleman told the court that the injured party and a couple had been socialising before they “bumped into” the defendant.
The injured party intended to stay with a friend and the defendant was offered a couch in the apartment.
The injured party went to sleep and the couple went to another bedroom.
Det Gda Coleman said that between 5.30am and 6am the defendant, who was partially dressed, got into bed with the injured party, placed her hand on his penis and put his hand on her bottom.
Cross examined by solicitor Michael Staines, the garda said a large amount of drink had been consumed and they were still drunk the next morning.
The defendant expressed extreme remorse and this was accepted by her.
The defendant is known to her and the incident was described as an aberration caused by drink.
Mr Staines said his client was “absolutely drunk” and did not know what he was doing.
“You’ll never see him in court again,” he added.
Solicitor Tim Kennelly representing the injured party said she accepted the defendant's remorse and there was an inordinate amount of alcohol taken that night.
She is grateful she did not have to give evidence and does not want a custodial sentence to be imposed.
A victim impact statement noted that while the experience was very upsetting, the defendant had apologised unconditionally. She understood a terrible accident had befallen him and he had a long road ahead of him.
She said she understood the defendant, who has no previous convictions, has no memory of the incident and she truly believes he will never behave in such a fashion again. She did not want to see him in custody.
Judge Desmond Zaidan said no punishment the court can impose will be worse than he has done to himself.
He said the offence was at the lower end of the scale.
Applying the Probation Act, he noted that the defendant will not be placed on the sex offenders register.
The judge also imposed reporting restrictions.