Mr Justice McDermott said that the defendant and the injured party had a friendship.
A High Court judge has described “not reading the signals correctly” as “a very weak response” during the sentencing of a man who raped a female friend. The Central Criminal Court heard that a man, who cannot be identified for legal reasons, pleaded guilty on his trial date Wednesday to a single count of rape, which occurred at an IPAS centre in Co Westmeath on June 15, 2025.
He has no previous convictions in this or any other jurisdiction. Passing sentence yesterday, Mr Justice Paul McDermott said the injured party in this case had suffered an offence of the “most serious kind”, which was committed by this defendant.
Mr Justice McDermott said that the defendant and the injured party had a friendship and the injured party had made it clear it was just a friendship, but this was not listened to by the defendant.
The injured party’s presence in his room was done so under a false pretence. He used the promise of clothing as a basis for her presence in the room, and then he raped her.
The judge said the defendant could not have been under any illusion as to her actions that she did not want this. He said, “Not reading the signals correctly is a very weak response, as the injured party repeatedly made it clear that she did not want this,” noting “there is no scope for ambiguity.”
The judge said that the matter was investigated, and the defendant maintained a position that was clearly not true, stating that they were in a relationship and that there had been sexual intercourse by mutual consent.
The judge noted the man did cooperate with gardai and answer their questions, but that he was telling them lies. The judge set a headline sentence of seven years. The court took the following mitigation into consideration: the guilty plea, which was not an early plea, but there had been an early acknowledgement of guilt, which the defendant later withdrew.
His lack of previous convictions, his letter of apology, which indicates a level of remorse, and the prospect of serving a prison sentence in this country while his family are in Nigeria will no doubt be difficult.
Mr Justice McDermott sentenced the man to five years and six months in prison, backdating it to when he went into custody in June 2025. He also instructed that the defendant is to have no contact in any way with the injured party.
Detective Garda Olivia Kelly told Gerard Clarke SC, prosecuting, that both the injured party and the defendant were living in the IPAS centre. On the evening in question, the man contacted the woman and told her that he had brought clothes back from Dublin for her, and she went to his room. Both of his room mates were away, and when she entered the room, he pushed her down and raped her.
The woman protested throughout the incident. The court heard that the woman returned to her room, and the defendant immediately began texting and calling her, saying he was “deeply sorry” for what had happened.
The woman recorded three of their phone calls and forwarded them to his room mates. Det Gda Kelly said the following day, the woman reported what had happened to the centre manager, who then contacted the gardai.
The woman was taken to a local Sexual Assault Treatment Unit and examined. The defendant was transferred to a new IPAS centre and was interviewed by gardai twice. During his interview, he claimed that he and the injured party had been in a relationship and that this was the third time they had had intercourse, none of which was true.
Det Gda Kelly agreed with prosecuting counsel that the defendant had previously declared his love for the woman and that he was infatuated with her. A victim impact statement was read to the court on behalf of the woman, which said: “Since the day this incident happened, I am trying to be strong.” “I want to be the person I was.” She said that she no longer trusts anyone and that “anytime I think about it, I want to end my life.”
The woman concluded by saying: “He has caused me so much pain. I will never forget it for the rest of my life.” Marc Thompson Grolimund, SC defending, put it to Gda Det Kelly that it appeared that initially and up until yesterday, his client's position was that he and the woman had had sexual intercourse and that it was consensual, with the detective stating that was his belief. The garda agreed with counsel that his client has no previous convictions in Ireland or outside of Ireland and that he was cooperative with the gardai.
Mr Thompson Grolimund handed a letter of apology from the defendant into the court, which said: “I offer my unreserved apology for what happened between us. I am so sorry” “Crime is not in my character; I have never been convicted of any crime.” Counsel said his client and the injured party had been friendly and that he had developed feelings for her, declaring that he liked her and wanted a relationship.
He said his client had given the woman items in the past. He said the defendant is now subject to a deportation order upon his release from custody and has a wife and children in Nigeria. He asked the court to take into account his client's guilty plea, his remorse, his lack of previous convictions and the letter of apology before the court.
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