A Dublin man who put his hand under a woman’s skirt and groped her as she slept at a house party has been jailed for 11 months.
The married father (32) who cannot be named to protect the woman’s identity, was unanimously convicted of sexual assault by a Dublin Circuit Criminal Court jury earlier this year.
Kieran Kelly BL, defending, submitted that his client maintains his stance that he would not commit such an act as he “can’t accept he is the type of person who would do anything like that”.
The man had pleaded not guilty to sexual assault at a house party in Blanchardstown, Dublin, on June 21th, 2015. He has no previous convictions.
Garda John Walsh told Maurice Coffey BL, prosecuting, that the now 29-year-old woman had fallen asleep at the house after she could not get a taxi home. She later told gardaí that she did not remember how long she had been asleep, but she awoke to find a hand up her skirt and rubbing her vagina on the outside.
She said when she opened her eyes, the hand moved away. A short time later she informed other people in the house what had happened and there was an altercation between the man and her friend.
The woman in her victim impact statement described suffering from stress arising from the court case and how she had to stay off work for several days. She said she found it hard to believe someone would do something “so invasive” to another person.
Mr Kelly submitted to Judge Karen O’Connor that his client could not accept his involvement in the offence. He said the man was a working family man.
Judge O’Connor noted that the man was entitled to take a trial but this meant that the mitigating factor of a guilty plea was unavailable for her to consider when passing sentence. She said the offence was at the mid range of the lower end of offending.