Man in his 30s avoids jail for sexual assault of a woman at a Waterford cinema
Waterford Courthouse.
A man in his 30s has been given an eight-month suspended sentence for the sexual assault of a woman in a Waterford cinema.
The man who cannot be named for legal reasons pleaded guilty to sexual assault contrary to Section 2 of the Criminal Law (Rape) (Amendment) Act 1990, at Waterford District Court.
In passing sentence on Tuesday, Judge Kevin Staunton said that the defendant had “behaved in an appalling way, drunk or not.”
But added that rehabilitation was more important than punishment and he hoped the victim understood.
Detective Garda Liam Harty told the court that on February 26, 2024, the injured party went to the Odeon cinema with two of her friends.
As she entered the building, she noticed a man with his “pants down” intoxicated and acting erratically, following them.
He continued to follow the group into the cinema screen where he extended his arm, blocking her from taking her seat.
The woman and her friends tried to leave, and as they did, the defendant put his arm around the injured party and grabbed her backside twice.
The gardaí were called and the man was arrested.
Acting for the defendant, solicitor Ken Cunningham said that his client has serious mental health issues that regularly require his admittance to the Department of Psychiatry at University Hospital Waterford.
He said his client does not remember the incident and does not believe he would have groped the woman.
That, he said, would be “completely out of character.”
Under questioning by Mr Cunningham, Garda Harty confirmed that when he arrived, the defendant’s trousers were soaked and there was a broken bottle, which had cut his hand, in his pocket.
He was taken to UHW and arrested on his discharge.
In his statement to gardaí, read allowed by his solicitor, the man said that he was off his medication at the time of the incident.
He said he had been drinking and his mother was unwell, and asked gardaí to pass along his apologies to the young woman.
The defendant also wrote a letter of apology to his victim.
In the letter, he told the young woman that he “greatly regretted” the incident that happened when he was “not in a good place.”
But he has since gotten “professional help,” he hoped that “relieved some of her distress.”
The court was told the man has 14 previous convictions for public order offences, drugs, speeding, theft, and drink driving.
The man was also before the court on a number of other charges, including theft, damage to a cell at the garda station, threatening and abusive behavior, and possession of cannabis.
The court was told that on a date in 2023, at around 1pm, gardaí responded to a call from the A&E department at UHW.
When they arrived, security was dealing with the defendant, who was intoxicated.
When gardaí approached him, he became abusive, shaking his fists.
He was arrested and taken to Waterford Garda Station, where he urinated all over the walls of his cell.
The theft matters were minor and included a couple of food items.
Mr Cunningham told the court that the injured party was entitled to socialize without the defendant’s “unbecoming behaviour.”
He said his client had a significant mental health problem, including psychosis and polysubstance issues, and was hospitalised following this incident.
The court was told that this was a pattern in most of his offences before the court.
He said his client works for a local authority and has done so for more than a decade.
But when he relapses and does not have treatment, he drinks.
Since this incident, his mother has passed away.
But he is now in treatment again and is unlikely to come before the court on an offence like this again.
Mr Cunningham also pointed out that with a sexual assault conviction, he will be disadvantaged in employment in the future.
The context of the offence will never be disclosed, only that he has a conviction under the Criminal Law (Rape) (Amendment) Act 1990.
This, the solicitor, described the definition of sexual assault as “unfortunate” and the punishment as “disproportionate.”
Mr Cunningham told the court that the incident “weighs on” his client and he had dealt with the case appropriately, having pleaded guilty.
This meant his victim did not have to give evidence.
Judge Kevin Staunton said the defendant “behaved in an appalling way, drunk or not.”
He said it was clear that the defendant was “out of his head” and clearly has very serious psychiatric issues.
However, he said this was a very serious offence and the defendant has a number of previous convictions which necessitated a “severe way” of dealing with.
He imposed an eight-month prison sentence.
However, the judge noted that the defendant had not come to garda attention since the incident and is in treatment.
He suspended the sentence for two years on the condition that the defendant undertake a programme on the treatment of women.
“It is more important to me, and I hope [injured party] understands that we get him to amend his ways,” said Judge Staunton.
For the offence related to his behaviour at the hospital, the judge applied Section 1.2 of the Probation Act on the condition that the defendant attend a programme on alcohol abuse.
He thanked the injured party for “sticking with” the process, which he acknowledged took some time.
“I hope after today you put this out of your mind as much as you can and that you can get on with your life,” said Judge Staunton.
All other offences were taken into consideration.
