Man who continued to rape wife after young child entered room jailed for six years

A Wicklow man who continued to rape his wife after their young child walked into the room has been jailed.

The 40-year-old man was convicted of one count of rape in January 2017 following a Central Criminal Court trial earlier this year. He can't be named to protect his victim's anonymity.

The court was told the relationship had broken down at the time of the offending, but the couple was continuing to co-habitate for the sake of their young children. The victim was experiencing the early symptoms of a significant health condition and was in her room preparing to take a bath to help with back pain, when the man entered and offered her a back rub.

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She refused, but he started to rub her back. She told the man repeatedly to stop, but he pulled down her clothing and then raped her, the court heard. One of their children entered the room, and the victim asked them to stay. The man covered himself and the victim with a blanket, told the child to leave and then continued to rape the woman. She contacted a friend that evening and made a complaint to Gardaí shortly afterwards.

When interviewed by Gardaí, the man maintained that the encounter was consensual. He claimed the victim told him during intercourse that she intended to say he had raped her. The woman later obtained a barring order and in 2018, he contacted her via social media in which he acknowledged he had raped her and apologised. He also asked her to drop the charges and made threats. He denied sending these messages when interviewed by Gardaí and said he had lost his phone.

During the trial, the man claimed the woman had fabricated the allegation in order to have the family home to herself and also suggested that she was exaggerating her serious medical condition. The man continues to maintain his innocence.

In her victim impact statement, the woman outlined the effect of the offence and the court process on her health. She said she had suffered from depression and other mental health difficulties and had changed from a happy-go-lucky person to someone who was afraid to leave the house.

In her sentencing remarks on Friday, Ms Justice Melanie Greally noted the victim referred in her impact evidence to finding the trial process difficult and “being accused of lying about her symptoms”. The judge said the statement described how the woman had “suffered far-reaching and lasting harm” as a result of the man's actions, as well as the “immense toil” on her and their children.

The judge noted the man had an acquired brain injury and that several medical reports outlined its long-lasting physical and cognitive effects. Ms Justice Greally said the reports don't make any suggestion of diminished responsibility for his criminal conduct, and the court does not consider his culpability to be “diminished by reason of deficits relating to his brain injury”.

The judge said the offence was committed “without pre-meditation” in the context of the breakdown of a relationship, which at times had been “dysfunctional” and “abusive”. She said the aggravating features included the breach of trust, that a child witnessed part of the offence, and the “severe consequences” for the woman and her children.

Ms Justice Greally said she took into account the man's lack of previous convictions, his medical history and vulnerability within the prison community. She imposed a sentence of seven years with the final 12 months suspended on strict conditions, including that the man place himself under the supervision of the Probation Service upon release.

The judge said the court considered his re-integration into society would require “multiple supports and careful management”. The judge said the Probation Service assessed the man at low-to-moderate risk of sexual re-offending and that he has no history of alcohol or substance misuse. She noted the probation report states the man maintains he and his family are the victims and he demonstrates no insight into the effect of his offending on the woman.

Ms Justice Greally commended the victim for “her exceptional courage and resilience in the way she overcame huge physical and emotional discomfort in seeking justice in this case” and wished her well in the future. Colman Fitzgerald, SC, defending, said the man does not accept the verdict of the jury. He said this could be put down to someone without the capacity to realise the magnitude of what they had done.

The court heard the man suffered a traumatic brain injury, which has had long-lasting physical and cognitive effects. Defence counsel outlined a number of other medical conditions the man has suffered. Referring to the woman's victim impact statement, in which she said the man was smarter than everyone in the room, that he was “playing a game with his brain injury” and had “a lot of people fooled”, Mr Fitzgerald submitted that the medical reports proved without a doubt that the man had suffered a very serious brain injury.

“There are very serious residual conditions arising from that,” he said. Defence counsel submitted that this brain injury affects the man's level of culpability in the crime. He has no previous convictions, the court heard. He also submitted that these physical and cognitive issues, as well as the man's “impulsivity”, could make a prison sentence more onerous for him.

Judge Greally expressed concern that a non-open prison could lead to the man being “influenced by hardened criminals”. She noted that this could lead to him getting involved in criminality beyond the prison environment.

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