A man who sexually abused a sleeping woman has been sentenced to 39 months in prison, with the last nine months suspended.
The 38-year-old man, who could not be named to protect the victim’s anonymity, took a picture of the woman and sent it to her along with a message saying he had engaged in a sexual act on her.
Dublin Circuit Criminal Court heard the woman had her door locked and she believes the man got into her bedroom by climbing through an open window over a balcony.
The man pleaded guilty to sexual assault on either June 1 or June 2, 2018 at an address in Co Dublin.
He has four prior convictions, including drunk driving.
Speaking today, Judge Melanie Greally said the crime was committed at the end of an evening of social activity during which the defendant consumed alcohol and other substances.
She said the woman was asleep and the exact details of the duration and nature of the offense were not known to the court.
She said it represented a very serious breach of trust in the context of the friendship between the two at the time.
She said her photo was taken without the woman’s “consent, permission or knowledge” and was sent to her the next day with comments that opened the investigation.
The judge noted the traumatic effect the crime had on the victim, affecting every area of her life.
She took into account the man’s guilty plea, limited prior convictions on unrelated matters, his significant substance abuse problems and family circumstances.
The judge said it was important to incorporate a rehabilitation element to prevent recurrence and imposed 39 months, with the last nine months suspended for 12 months.
Conditions include participation in crime-related assessments and collaboration with drug and alcohol abuse intervention.
During a previous sentencing hearing, a local detective told prosecutors Diana Stuart BL that the victim had two friends at her home on the date in question, including the accused. Her other friend drove away in a cab, but the man refused to leave.
The detective said there were no arrangements for the man to remain at the home.
The man was pacing in and out of the bathroom and the victim noticed white powder coming out of his nose.
The man tried to persuade her to let him sleep in her bed and tried to kiss her. T
The woman pushed him to the sofa, told him he could sleep there, then went into her bedroom and locked the door behind her.
The next day, the woman woke up and was alone in her bed. She texted the man and he sent her a photo of the two in her bed while she slept, though he denied sneaking into her bedroom.
The woman knew she had her door locked, but she slept with the bedroom windows open and thought the man must have climbed into her bedroom after getting to the windows via the balcony.
The man said he would send the photo to her mother, and then on the messages he used a phrase that meant he had performed a sexual act on her.
In an interview with Gardaí after his arrest, he claimed the news was a joke, that there had been oral sex but that the behavior between them was consensual.
The detective agreed with Padraig Dwyer SC who defended that his client had texted the victim saying he was sorry.
He agreed that the evidence included evidence that the defendant had consumed alcohol and drugs on the night in question.
Today, the defense attorney said the defendant accepts responsibility and accepts the woman’s portrayal.
He asked the court to consider the detailed parole report, which described the difficulties in his life and the letters that showed him to be an otherwise decent person.
https://www.independent.ie/news/man-who-sent-a-woman-a-photo-after-sexually-assaulting-her-while-she-slept-jailed-for-39-months-41866258.html Man who sent photo to woman after sexually assaulting her while she was jailed for 39 months