A 19-year old Donegal man who orally raped a young woman who was acting as a "good Samaritan" has been given a five year sentence with the final three years suspended.
Bailey Laughlin, of Ballylin, Ramelton, Co Donegal pleaded guilty at the Central Criminal Court to oral rape of the then 16 year old woman at Fanad, Co Donegal on May 1, 2016. The young woman has waived her right to anonymity so that Laughlin can be identified.
The court heard the young woman had followed Laughlin, who was drinking heavily and upset, outside during a party to check on him. Laughlin was aged 17 years old at the time and has no previous convictions.
Mr Justice Michael White noted during his sentencing remarks that there were wider societal concerns in relation to young people involved in the case including binge drinking and young men learning about sex through violent pornography.
He said the young woman had been acting as “good Samaritan” at the time of the offence, having gone to assist Laughlin when she saw him leaving the party they were attending in a drunken state.
The court heard the woman had “practically nothing” to drink during the night. She had previously received Snapchat messages of an unwanted nature from Laughlin which she had not responded to.
Mr Justice White paid tribute to the young woman, noting it was clear the offence had caused her great fear and terror. He said she was a very impressive young lady and he was sure over the long term that she could recover from this ordeal. He said that young people were particularly vulnerable in regard to breeches of personal autonomy and any personal contact has to be with the clear consent of the person involved.
Binge drinking
He said this was not a straightforward sentencing in that there were substantial aggravating factors but also substantial mitigating factors. He said the court had particular responsibilities to take into account when sentencing someone who was under 18 years old at the time of the offence.
The judge said the court had a duty in this particular case to deal with the principle of deterrence but also to have regard to the rehabilitation and youth of Laughlin at the time of the offence.
The judge said Laughlin had a difficult upbringing, noting this was starkly illustrated in a letter from an uncle, who, together with Laughlin’s grandparents, had done their best to provide a loving environment. He said it was clear Laughlin was a very immature young man with a lack of parental direction.
He noted the probation reports concern that Laughlin had received his sexual experience through pornography and effectively formed quite immature sexual attitudes.
Mr Justice White also noted the practice of young men to binge drink and make life changing decisions. He said Laughlin’s use of alcohol was not a mitigating factor.
He said there had to be a custodial element to Laughlin’s sentence, due to the seriousness of the offence and the effect on the victim, but that there was a substantial suspended period during which he would be supervised. Mr Justice White imposed a five year sentence with the final three years suspended on strict conditions.
The conditions include probation supervision, addressing the factors contributing to his risk of re-offending, refraining from abusing alcohol and engaging with the sex offenders risk assessment and management team.
Defence counsel, Orla Crowe SC, said Laughlin was “deeply remorseful, deeply ashamed and deeply sorry” for an offence on a girl who was only helping him on the night in question.
Ms Crowe asked the court to take into account his age and told the court he had undergone counselling for alcohol binge use.
Victim impact statement
In her victim impact statement the young woman recalled how terrified she had been during the attack. She said the medical exam afterwards felt like re-living the attack because it was so intrusive.
“I felt like I was crying for days,” she said. She said she had a panic attack the first time she saw Laughlin after the attack and described how she had been scared she would run into him.
She described the effects of the offence on her, telling the court she shut herself off from family and friends and felt she could not trust a lot of people. She felt her confidence was knocked, she had sleeping issues and went on anti-depressants. She said she felt like the person on trial.
Garda Trevor Keating told Garnet Orange SC, prosecuting, that the pair were attending a birthday party where drink was being consumed and everyone was in good spirits. The victim had “practically nothing” to drink during the night.
Laughlin was observed drinking quite heavily, becoming “the worse for wear” and making a nuisance of himself. He fell over and was becoming upset after falling out with some friends. The young woman had known Laughlin for about one year and they had kissed once.
Laughlin was observed becoming upset, isolated and getting ready to leave. The young woman went up to speak to him. She followed him to the car park to make sure he was ok.
She said around the corner of a building Laughlin pulled her towards him and kissed her. She was shocked and told him that was not why they were out there. He started to kiss her again and she tried to make a joke to distract him.
The woman said Laughlin continued touching her and put her hand on his penis to “wank himself.”
Spat in her face
She said he pushed her down and forced her to give him a “blow job.” She said she was crying and told him she didn’t want to do it. She said she managed to stand up and he spat in her face.
She said the assault continued until she managed to get away back into the bar where she was distressed. Laughlin and the young woman got on the same bus after the party. The bus driver became aware that something untoward had happened and contacted gardaí.
The young woman outlined what had happened to gardaí and was taken for a medical exam.
Laughlin was later interviewed and indicated he had formed the opinion that there was an arrangement in place that they were going to be together. He indicated it had been arranged on social media that she would give him oral sex.
Garda Keating said the young woman said she had never seen these messages. The garda said she felt she was being “bombarded” by messages and deleted them without opening them. He said there was nothing to suggest she had responded to any of the messages from Laughlin.
The garda agreed with Orla Crowe, defending, that Laughlin was highly intoxicated.
Ms Crowe said Laughlin wanted to make a formal apology to his victim for the wrong he had perpetrated on her. She said he was remorseful and ashamed, had lost his job and had become a social pariah.
She handed in a number of reports including a forensic clinical psychologist’s report, medical report and probation report. She also handed in testimonials and references, noting a lot of people had good things to say about her client.
Counsel said his parents had separated when he was very young and he had been raised by his grandparents. She said he had hoped to go the United States for work where he has a job offer but that his future prospects would be affected by this conviction
Ms Crowe said he started drinking as a 17 year old, and using MDMA and ecstasy but has since stopped. She said he had undergone counselling for alcohol binge use.
She said the offence was a very serious matter and had serious consequences for the victim, who had been doing nothing other then helping a friend that evening.