A Limerick regulation graduate has been handed a four-year jail sentence for the rape of a girl after they’d been engaged in consensual intercourse after assembly in a pub earlier that evening.
The sentence listening to on the Central Felony Courtroom heard Eoin Considine, 24, and the complainant had been partaking in consensual sexual activity which then grew to become tough. The intercourse continued after the girl had withdrawn consent and begged Considine to cease, the courtroom heard.
Considine, of Outdated Barna Street, Newcastle West, Co Limerick, had pleaded not responsible to rape of the girl at her then residence within the metropolis on August 11, 2019. He was convicted after a trial final January.
The lady, a pupil nurse, informed the trial she was out consuming in a metropolis centre pub together with her associates when she met the defendant. They left collectively and went to her house the place they started having consensual intercourse.
She stated throughout this he started pulling her hair and banging her head in opposition to the headboard of the mattress. He grabbed a fistful of her hair and he or she requested him to cease and he did however then did it once more.
The courtroom heard the sexual activity continued in a consensual approach at this level. The lady testified that after some time the person grew to become a lot rougher and “he put his hand round my neck and began to choke me”.
She stated at one level she was unable to breathe and he or she was very frightened and was shaking her head to inform him to cease. She stated he moved his fingers on to her shoulders and was pinning her down.
The courtroom heard it was at this level she withdrew her consent and the person continued sexual penetration with out consent.
“I began begging him to cease however he did not cease having intercourse with me,” she stated. She stated this lasted 90 seconds earlier than she was capable of transfer him off by getting her ft up and below him and pushing him away.
Considine apologised to the girl and informed her he thought “she appreciated it” and that he had had a earlier girlfriend “that enjoyed it”. He additionally informed her he couldn’t cease as a result of she was “so good trying”.
The lady was upset and requested Considine to go away. He initially refused and stated he wished to verify she was okay however she informed him she simply wished him to go away and he did, the courtroom heard.
Imposing sentence on Tuesday, Mr Justice Paul McDermott stated rape was a “very severe offence no matter type it takes”. He stated rape was a “violation of the sufferer’s bodily integrity” and a “grossly invasive act of violence”.
The choose famous the prosecution had emphasised there was “intensive consensual engagement” between the girl and Considine for many of their time collectively, apart from the interval of 60 to 90 seconds in query.
He stated the circumstances of this case had been “considerably uncommon”, nevertheless consensual sexual engagement beforehand “doesn’t excuse a failure to cease”.
Mr Justice McDermott set a headline sentence of 4 and a half years. He famous Considine accepted the decision of the jury, however continued to disclaim rape. Mr Justice McDermott stated there was no responsible plea or expressions of regret which might enable the courtroom to scale back the headline sentence considerably.
He stated Considine’s regrets are centered on the influence of this case on his household, however there was “little or no thought for the sufferer”.
Mr Justice McDermott handed Considine a jail sentence of 4 years. He additionally directed Considine to put himself below the supervision of the Probation Service for 18 months post-release.
In her sufferer influence assertion, the girl stated she was left with bruising on her arms and neck and suffered bleeding from her scalp. She stated she misplaced any sense of security in her personal bed room and felt safer staying out all evening than she did in her personal mattress.
She stated she discovered it arduous to maneuver on from the concept that “that my main price solely goes up to now to supply sexual gratification” and in consequence she grew to become “hyper-sexual”. She stated Considine’s defence used photographs from her cellphone to attempt to painting her as promiscuous however that these photographs had been taken after the assault.
She stated she skilled suicidal ideation and that in the course of the trial she felt she had been the one on trial. Addressing Considine straight, she stated: “You’ve got supplied me no clarification, admission or regret. You took a lot from me in simply 90 seconds.”
Justice McDermott stated the proof was that the sexual exercise was consensual as much as the purpose at which Considine pinned the girl down by her shoulders.
After the girl recognized Considine by Instagram and Fb, gardaí contacted Considine by cellphone and he knew why they had been calling. He informed gardaí: “I received it incorrect, it was incorrect, is she okay, I took issues too far, I must withstand that,” however in the course of the trial he tried to resile from these admissions, Lisa Dempsey BL, prosecuting, informed the courtroom.
Defending counsel Kathleen Chief BL handed over a dozen testimonials into courtroom from native enterprise house owners in Co Limerick. She stated everybody who knew her consumer spoke effectively of him as a hard-working, mild and inclusive younger man who did his greatest to assist folks and who contributed to the neighborhood.
She stated what occurred on the evening in query was “very a lot out of character”. Considine has no earlier convictions and certified with a regulation diploma from College School Cork.
A marketing consultant psychiatrist who handled him stated because the allegations he has suffered with extreme despair and important suicidal behaviour.
Justice McDermott famous the girl’s sufferer influence assertion outlined the influence of this incident on her life and that it had affected her “sense of safety” in her own residence and in intimate relationships.
He famous sure aggravating elements had been absent on this case and stated this was not a “premediated or predatory offence”.
Justice McDermott famous Considine was a “very younger man” on the time with “appreciable prospects however his conviction”. He stated he took into consideration the mitigation on behalf of Considine, together with that he’s thought of to be at low to reasonable threat of re-offending.
Mr Justice McDermott additionally directed the person to haven’t any contact with the sufferer by any means.
The complainant is legally entitled to anonymity and nothing could be printed that may are likely to establish her.