A Galway farmer who sexually assaulted a “vulnerable” woman on a bus and “couldn’t have cared less” about invading her dignity has been sentenced to two years in prison.
Patrick O’Toole (53) licked the woman’s face after offering her vodka, Galway Circuit Court heard. Judge Brian O’Callaghan imposed a three and half year sentence with the final 18 months suspended.
O’Toole, with an address at Glentrasna, Rosmuc, pleaded guilty to five charges comprising sexual assault, attempting to commit sexual assault – all contrary to section 2 of the Criminal Law Rape Amendment Act 1990 – and assault contrary to section 2 of the Non Fatal Offences Against The Person Act.
The offences took place on a Bus Éireann service between Moycullen and Maum Cross on August 6, 2019. Addressing the accused, Judge O’Callaghan said, “The probation officer suggested in the report there is a bit of victim blaming by you. Not only do you remember this happening, but that it was her fault, not yours”.
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The judge said O’Toole “invaded this woman’s privacy and dignity” and “couldn’t have cared less”. Garda Peter Naughton of Oughterard Garda station, said the woman was getting the bus after attending a pharmacy in Galway.
Gda Naughton said the then 35 year old woman told gardaí O’Toole, who was unknown to her, sat down beside her and started to engage in talk of a “sexually suggestive manner”. He offered the woman a drink of vodka, grabbed her left thigh and rubbed his shoulders against her, the court heard. “I know you want me to come home with you” he repeatedly said, the court heard.
Gda Naughton said O’Toole placed his hand “forcefully” on the woman’s breast rubbed her thigh and licked the side of her face.
The court heard some of the offending behaviour took place while the woman was on the phone. Gda Naughton said at no point did the woman give O’Toole permission to do this.
The court heard CCTV captured O’Toole getting on the bus and he admitted being the man on the footage.
A woman who met the victim after the assault said she was clearly “distressed and disorientated”.
In her victim impact statement, the woman said, “I do not know how to put into words the impact this has had on my life”.
She said she does not think the accused realises the effect the incident has had on her and her family. “I’m sad, lonely and hurting. I don’t understand how someone thinks it is okay to do this to someone”, she added. She continued, “I have lost so much because of this man”.
Gda Naughton told prosecuting counsel, Geri Silke BL, O’Toole has a total of 18 convictions, nine before the assault on the bus and nine since. These include public order offences and assault causing harm.
The garda said that when sober, O’Toole is a hardworking farmer but becomes “troublesome” when he consumes alcohol.
Defence barrister, Bernard Madden SC, told the court his client is a “serious chronic alcoholic” who must show a desire to help himself. He said while O’Toole does some farming he is largely unemployed.
Counsel said it was a difficult case with regards to sentence.
Judge O’Callaghan told O’Toole that it was clear that the harm done to the victim – “a vulnerable person” – is serious. He said the accused’s “level of moral culpability is high”.
The judge said the accused was not drunk, as the court is entitled to infer that if he was, the bus driver would not have let him on the bus. He said the aggravating factors included the prolonged contact, the nature of the contact, the vulnerability of the victim and the consequences of the assault. He said the accused’s guilty plea is important.
“It is the one good thing you have done Mr O’Toole, is plead guilty”, the judge said.
Judge O’Callaghan imposed a three and half year sentence on one “primary” count of sexual assault and took the remaining counts into consideration. He suspended the final 18 months.