Man is convicted of defilement of girl he met at work party

A Mayo man has been convicted of the defilement of a teenage girl.

The five-day trial was heard before a jury at Castlebar Circuit Criminal Court.

The man was 28 when the offending occurred. His victim, now 21, was 16 when the man had sex with her at an address in Mayo on July 15, 2020.

The now 33-year old male was acquitted of a sexual assault charge which related to the alleged digital penetration of the girl at a work party on July 14, 2020.

The accused denied all the charges and also denied knowing the girl’s age at the time of the alleged offending.

The injured party told the court that on July 13, 2020, she received a message from her boss telling her that there would be a staff meeting at her workplace. At around 6pm the following day her mother drove her to the meeting.

The young woman said the meeting was “very brief” and a number of people started to arrive and she realised that a party was going to take place.

A number of people arrived who she did not know, including the accused who took a seat next to her. Food and drink was served and the complainant estimated that she drank five to six bottles of cider between 7pm and midnight. She said she wasn’t used to drinking alcohol.

The young woman claimed that while in conversation with the accused she told him that she was 16 and in school. She said he told her he was 25.

The injured party said she and the accused shared a number of cigarettes over the course of the night and at one point they sat in the back of his car smoking. She said he told her he had a girlfriend. 

Later in the night, the party moved to a bar. The injured party said the accused texted her to meet in the bathroom of the pub. She alleged he told her he wanted to kiss her and wanted her to vape and blow it into his mouth.

The young woman said in the bathroom he tried to kiss her and wanted her to touch his penis over his trousers. She alleged the man took her hand and put it towards his crotch.

“I let that happen but came back to myself,” said the injured party.

She said she was quite inebriated but stopped what was happening and they returned to the party. However, she and the accused later went out for another cigarette.

The young woman alleged they went into an alleyway and the man tried to kiss her again. She claimed he opened the buttons and zip of her trousers and put two fingers inside her vagina.

“I did not want that to happen,” she told the court, adding that she told him “No” and pushed him off before they returned to the bar.

The injured party said that the next day the accused texted her to meet up.

She said he invited her to his house. He told her he wanted to have sex but it was to be a “one-time thing” and they could remain friends afterwards.

He picked her up and drove her to his home. The young woman said he told her to turn the location setting off on her phone and was paranoid that she was recording their conversation.

They went to the home and after chatting in the living room she went to the patio to smoke. The young woman said the man told her to keep the noise down in case the neighbours heard her.

She said he told her to “hurry up” and when she went back inside he grabbed her by the neck and pushed her against the wall before trying to kiss her.

“That level of force said to me that something was wrong,” said the victim.

The accused told her to go upstairs. They went to a bedroom and she said he took off all of his clothes while she stripped to her bra and underwear.

She said he took a condom from a locker and put it on himself before getting on top of her. She said she suffered a lot of discomfort when he put his penis in her vagina.

“I was too scared to say anything,” she told the court.

The girl said that after he ejaculated, he told her “I really needed that” and asked her “Does it turn you on that I am an older guy.” The injured party was able to give a detailed description of the house and the bedroom where the offence occurred.

The young woman said that after a while chatting the man told her she should go. The next day he texted her about meeting up again and they agreed to meet at a beach at around 8.30pm.

They talked in his car at a car park at the beach. He seemed on edge and paranoid.

When she brought up the sex that had taken place he replied – “What are you talking about? What sex?” 

“It was strange to see someone lie to your face,” the injured party commented.

She said that up until July 21, 2020, there was minimal contact. She said he was initiating contact and she was giving short answers. Their communication was mostly via the social media messaging service Snapchat.

On July 21, 2020, the injured party was having a meal with a friend when the accused arrived at the same place.

The girl said he texted her and offered to drive her home. She agreed and walked to the accused’s home after dinner.

She said that after chatting for a while he grabbed her throat and pushed her against the couch. The injured party said he backed off when she told him she didn’t want to have sex.

The victim said the accused convinced her to send him messages that made it look like she was pursuing him. She said this was in case his girlfriend found out. The accused screenshot these images.

The young woman said that sometime between July 21 and 25, the accused sent her a booking reference for a hotel in Galway. She claimed the booking was made under her name.

“I told him I would not be allowed to go,” she told the court.

On July 30, 2020, she reported the matter to Gardaí.

Senior counsel for the accused, Giollaiosa O Lideadha, put it to the complainant that all the allegations against his client were completely false. This was denied by the young woman.

The defence barrister said the kissing and touching which occurred at the work party was consensual with his client denying having sex with or digitally penetrating the then 16-year-old.

The young woman agreed that the kissing that took place at the work party was consensual.

Counsel for the defence claimed that his client only learned of the complainant’s age upon their third meeting.

His client claimed that the injured party told him she would tell others that they had sex after he said he didn’t want a relationship with her. Senior counsel claimed that the complainant pressurised the defendant to tell his girlfriend about what happened between them. This was denied by the complainant.

The wife of the injured party’s then boss gave evidence at the trial. She was present at the party and her statement to gardaí was read out in court.

She said she thought the accused and the complainant were paying more attention to each other than anyone else at the party and they would frequently sneak away to smoke. At one point she saw them together in his car. When she asked him what was going on, the accused told her, “Are you stupid? She is 16.” She said she thought everyone knew the injured party’s age.

The woman said the injured party later told her she had sex with the accused and he treated her “like trash”. She said the complainant also told her about the hotel in Galway and she told her not to go.

The woman said she contacted the accused and pretended that she had seen him and the girl in a café together which prompted him to call her. She said the complainant never admitted to her that he had sex with the girl.

The accused was arrested by Gardaí on March 31, 2021.

When first interviewed in the company of his solicitor, he replied ‘No comment’ to every question. He then consulted with his solicitor for about 30 minutes before handing Gardaí a prepared statement.

The statement said he and the injured party got on very well at the party and she seemed mature. He said she first tried to kiss him but he declined as he had a girlfriend. However, he said he did kiss her later that night.

In his statement, he said he assumed the girl was over 18. He claimed the complaint against him was borne out of “vengeance” because he wouldn’t leave his girlfriend for her.

The all-male jury returned a unanimous verdict of not guilty on the sexual assault offence. The jury failed to reach a unanimous verdict for the defilement offence but returned a majority 10-2 verdict.

Judge Eoin Garavan said it was a difficult case for everyone involved. He remanded the 33-year old defendant on continuing bail for sentencing on November 6 next. Defence counsel sought a psychological report ahead of the sentencing.