Man (54) who attempted to pervert the course of justice after raping his partner jailed for 10 years

Niamh O’Donoghue

A man who attempted to pervert the course of justice after raping his partner in Co. Monaghan has been jailed for 10 years.

The 54-year-old Ukrainian man, who cannot be named to protect the identity of the victim, was found guilty by a jury, of raping and sexually assaulting the woman on March 13th 2024.

He was also convicted of one count of assault causing harm on the same date.

The man pleaded guilty on a separate bill on June 18th this year to attempting to pervert the course of justice after he tried to halt the prosecution by calling the woman’s friend from a prison landline.

The court heard he has 13 previous convictions for offences including for offences under the Road Traffic Act and public order breaches.

He also breached barring orders in relation to the woman.

The court was told that he had a problem with alcohol and denied raping the victim when questioned by gardaí and put the blame on her, saying she drank too much.

Sentencing the man on Tuesday, Ms Justice Mary Ellen Ring said that among the aggravating factors was his attitude when questioned, suggesting the person who had the difficulty was the victim when she drank, cannot be ignored.

“It is noted that the evidence of difficulty with alcohol is all at the door of (the accused) as confirmed by his previous convictions,” she said.

The shifting of blame, his untrue suggestion they were planning to marry and the breaching of court orders show an unwillingness to show personal responsibility for his actions and were all aggravating features in this case, said the judge.

In mitigation, the judge said his difficulties with the law have arrived late in life. She said he cannot be penalised for pleading not guilty, but the credit for pleading was not available to him.

Garda Edward Hammond told the court the victim advertised for a lodger who would help with the discharge of her rent.

The accused answered the advert, moved in, and they formed an intimate relationship.

She said when she met the man in July 2023 and he was polite and courteous at first. He then changed, and she suggested ending the relationship as alcohol appeared more and more frequently.

The accused was intoxicated, and in March 2024, the victim asked him to leave. He refused to leave, and when the woman said she was leaving, the accused assaulted her and put his hand around her neck in a choking mechanism.

He brought her to the ground, and while she was lying on the ground, he kicked her in the legs and dragged her to a bedroom where he proceeded to vaginally rape her, but had difficulty penetrating her.

The court heard he also digitally penetrated her, and he was shouting at her and threatening her.

The court heard the victim does not have good English, but late in the evening of March 18th, she attended the garda station and, with the assistance of an interpreter over the phone, she gave a number of statements.

She went to the Sexual Assault Treatment Unit, where a number of bruises were observed on her legs.

The accused was promptly arrested and denied raping or sexually assaulting the victim.

He told gardaí that he and the woman were planning to get married and were also planning on going on holidays together. He said that she started drinking, and this caused changes in her.

The accused used the landlines from the prison where he asked her friend to get the victim to withdraw her complaint and offered money “to settle matters”. Threats were also made to the complainant and her mother.

The garda agreed with Tony McGillicuddy SC, defending, that the man arrived from Ukraine, had been working in the Monaghan area.

The court heard the victim did not want to attend court and made a victim impact statement, which Patrick Gageby SC, prosecuting, read to the court, where she said the man continued to threaten her from prison. “I was afraid to even go outside in case someone was following me.”

She said he told her many times he spent money on her and that she now “owed him”, and he threatened he would keep following her until she paid him back.

“I live in constant fear and anxiety,” said the woman.

She said he “changed my life for the worse. I now live in constant fear for the sake of my life and my family.”

“The accused has attempted to but did not succeed in perverting the course of justice by any means possible,” said Mr Gageby.

In mitigation, Mr McGillicuddy said his client he worked as a Maths teacher before moving to Ireland in early 2023.

If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help.