A 29-year-old man has been jailed a second time in Ireland following a retrial for the rape of his best friend, who said he “broke all our hearts” in a witness statement
A man who “broke all our hearts” by raping his best friend has been jailed for a second time after a retrial.
The 29-year-old, who cannot be named to protect the woman’s anonymity, was previously given a seven-year sentence with the final three-and-a-half years suspended for the rape but it was overturned by the Court of Criminal Appeal in Ireland.
But he went on trial again earlier this year and was found guilty by a jury for a second time of raping the woman at her home on November 7, 2018. The Central Criminal Court heard the man had served a considerable amount of his prison term before his conviction was overturned and he was released on bail.
And passing sentence on Friday, Mr Justice Patrick McGrath said it was clear the offences had a very traumatic effect on the young woman. He said this had been exacerbated by the violation of her trust in her best friend on the night in question.
He said he accepted the accused was a young man who had led a blameless and productive life up to this point. He said he had been working hard and trying to advance himself, as outlined in references before the court.
He noted that the man accepts at most partial responsibility for what had happened. He said it was the man’s entitlement to have a trial but this had put the woman through the ordeal of giving evidence twice.
Mr Justice McGrath said he was not going to depart from the sentence previously imposed by Ms Justice Deirdre Murphy and he noted the stigma of the conviction and the loss of reputation which will stay with him for the rest of his life, reported the Irish Mirror.
He took into account he had been a “model prisoner” and the need for rehabilitation. The judge echoed the comments of Ms Justice Murphy that the accused by his actions had not only derailed the life of the injured party, but also torpedoed his own life.
He imposed a seven year sentence and suspended the final three and a half years on conditions including that he comply with recommendations in the probation report and be assessed for a sex offenders treatment programme and alcohol treatment programme. The judge ordered that all time spent in custody on this matter be taken into account.
In her victim impact statement the woman said: “being a victim of rape changes your life.” She stated: “I find myself constantly doubting myself. He broke all our hearts.” The woman said she had to relive the rape twice, “by not one but two juries”, and “to see no remorse in his eyes for shattering my heart. I hope this is the final time I have to fight for my justice.”
A local garda told the court the accused was convicted on a single count of rape in May 2022 but that the conviction was overturned and a retrial was ordered. He had been sentenced to seven years with the final three-and-a-half years were suspended but he was released last January.
The victim said she and the man were best friends since she was 14 and he was an “essential part” of her family. The court heard on November 6, 2018 she had a day off work and they were texting each other and he was saying he was having trouble with his girlfriend.
She was in the pub and he joined her there and later they went home together. She said it was a completely platonic relationship and she asked him to make her a sandwich and she fell asleep.
However, she woke up and found him penetrating her and she said, “No I don’t want that’. The court heard the victim did not report the complaint immediately. She became emboldened when she saw something on the television and she texted the man saying he had raped her.
The man insisted when interviewed that the only sexual contact he had with her was when she was 14. The garda told the court the victim said she kissed him when she was 14.
The court heard the man had no previous convictions and has been on bail since the outcome of his appeal. He was in custody from November 2021 until January 2024, the court heard. John Berry SC, defending, said it was an unusual case in that sentence had already been imposed and that his client accepts the verdict of the jury.
