Registered sex offender charged with sexually assaulting vulnerable female
A local man who was placed on the Sex Offender's Register for seven years after he was convicted of sexually assaulting a community nurse in 2023, has been remanded in custody when he appeared before the Derry Magistrates’ Court charged with sexually assaulting a vulnerable female alcoholic in her home last Friday.
Massimo Giacomin (48) whose address was given as Bishop Street in Derry was charged with intentionally touched the woman in a sexual manner without her permission on September 18.
He further denies imprisoning and detaining the woman against her will, also last Friday.
When the sexual assault charge was put to him by a court clerk, the defendant replied "I understand the charge but I did not touch her in any way".
Opposing bail a police officer told Deputy District Judge John Rea that last Friday afternoon the police received a report of a disturbance in the defendant's address.
The front door of the premises was slightly ajar but inside the hallway a sofa had been pressed against the door. The police had to force their way into the premises where they found both the defendant and the woman in an intoxicated state.
The woman claimed the defendant had touched her leg in a sexual manner and had refused to let her leave the premises. The following day she made a written statement to the police in which she said she'd pushed the defendant away from her following the alleged sexual assault.
Objecting to bail the police witness said the defendant had twenty-one previous criminal convictions, two of them relevant and was also under a suspended sentence for another sexual assault.
"He is also on the Sex Offender's Register for a previous sexual assault in 2023. We believe he poses a risk to females, particularly to vulnerable females and that he also presents a clear risk of interfering with a vulnerable witness,” the officer told the court.
Applying for bail barrister Michael Donaghy said while the charges were serious, they were at this stage allegations. He said the defendant, who was entitled to the presumption of innocence, said he had hugged the complainant.
"The complainant was so intoxicated that she could not make a written statement until the following day. There is no corroboration and there are triable issues in this case and the complainant has a criminal record. There are concerns about the credibility and reliability of the injured party", he said.
The Deputy District Judge said the defendant had a relevant criminal conviction and he said he was not satisfied that bail conditions could be imposed to properly manage the defendant in the community.
Bail was refused and the defendant was remanded in custody until October 15.