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RTÉ journo given 15months for sexually assaulting woman as she slept

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  • Registered Users Posts: 56,283 ✭✭✭✭walshb


    Rape is touching a sleeping person?

    seriously, can people educate themselves here.



  • Site Banned Posts: 12,341 ✭✭✭✭Faugheen


    Says they who thinks it’s ok to help yourself when someone is sleeping



  • Registered Users Posts: 40,232 ✭✭✭✭Boggles


    I have no idea how you came to that conclusion, I very much doubt any of her friends are contributing to this thread.

    As for having no interest in appropriate punishments, it's literally the reason stated in the OP for the commencement of thread.



  • Registered Users Posts: 20,369 ✭✭✭✭El_Duderino 09


    Well, rape in Ireland involves penetration. So it can't be rape. But it is sexual assault. Little bit pedantic but better to be accurate.



  • Registered Users Posts: 56,283 ✭✭✭✭walshb


    This talk of suicide is what has me puzzled, and thinking this has been played up by this woman and for reasons only she knows.

    Unless I missed something: there was no violence, intimidation, threats, depravity whatsoever. He initiated intimacy during an encounter, with drink taken, on a woman he had previously been intimate with. The woman was sleeping. She woke, said stop, he stopped immediately, she then went back to sleep. This suggests she felt not at all scared/threatened by this man. Nothing in the reports suggest what he actually did was depraved/violent. I can only assume it was fondling and trying to wake her to become intimate.

    They parted ways. Then they communicated next day due to her accusing him of sexually assaulting her. She agreed to meet the man, and they chatted (in an ordinary person to person way). Agreed to differ on the situation. He didn’t believe it to be near as serious as she was claiming.

    a year passes, and she then reports it. He is remorseful, but more so for her having been upset etc. And here we are…

    how can this lead to suicide ideation ?

    Post edited by walshb on


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  • Registered Users Posts: 56,283 ✭✭✭✭walshb


    Who’s they? Show me a single person who says it’s perfectly ok to “help themselves” to a sleeping person.

    you’re spouting nonsense.



  • Registered Users Posts: 4,072 ✭✭✭joseywhales


    No I understand we are not here to discuss the morals of assaulting someone in their sleep, that's why I never talked about it. I am just suggesting that most people if capable would lie and not be convicted. I am also suggesting that the sentence is too harsh. If an 'eye for an eye' is considered barbaric as a form of justice, this is surely barbaric, his sentence is far worse than his crime. What he did was terrible but again I would say most people would prefer a non penetrative assault in their sleep to 15 months in a prison with career criminals, like by a considerable margin. In my view public apology(if she wants to wave anonymity) or private and a chunky cash settlement, donation to women's charity and mandatory completion of a course on consent. In my view everyone is better off from that kind of sentence. Baring in mind, importantly, that he did stop when told to and he has no previous convictions, so this sentence is likely to deter him from ever doing this kind of thing again.



  • Posts: 8,856 ✭✭✭ [Deleted User]


    Victim impact statement may have influenced the severity of sentence- I’m sure judges do take this into account along with a guilty plea (which didn’t happen ), remorse (which was lacking until the conviction) previous convictions and the scale of the abuse

    Its not a huge sentence but I would have expected maybe a two year suspended sentence as opposed to jail time - I do think given other cases and their sentences, it would be considered “high” but I wasn’t there for the trial so I’m only going on newspaper accounts and sentences in general for such crimes- there’s no doubt though sentences for sex crimes are in general getting more severe (with the exception of some judges !! )



  • Registered Users Posts: 20,369 ✭✭✭✭El_Duderino 09


    I don't suppose her friends are contributing to the thread. I'm assuming that her friends are a normal cross section of society and the thread posters are a normal cross section of the same society. So I'd imagine her friends had a range of views held in normal society and you can see that range of views represented by posters in the thread.



  • Posts: 0 [Deleted User]



    That's a very skewed view, but totally typical of the misogynistic attitudes on display on this thread and, I find, on Boards in general.

    The outcome would have been the same if both parties were the same gender - sexual assault is sexual assault, and consent means consent, regardless if its a man or a woman engaged in an act, or two men, or two women - so you can throw your misogynistic bullshit out the window.

    Still wilfully ignoring the most pertinent fact that the woman here was ASLEEP when this man decided to climb on top of her and grope her, I see.

    🦖 are still roaming the earth, it seems.



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  • Registered Users Posts: 40,232 ✭✭✭✭Boggles


    Well victim statements are uncontested, so we will never know.

    There is mounting pressure within the judiciary to have character references or at least the referees questioned in court, wonder would the same appetite be there for victim statements, I doubt it personally.

    It all really comes down to the judge and what she/he weighs into an appropriate punishment, in this case she stated the victim statement was the main aggravating factor for sentencing apart from a non guilty plea.

    So not so much the crime itself or the act, but the reaction afterwards.

    It's a curious case for numerous reasons.



  • Registered Users Posts: 16,639 ✭✭✭✭osarusan


    Once again, your original point was that the proposed new law would allow someobdy to retroactively withdraw consent. It does't make that possible in any way whatsoever.

    There's nothing the law can do about somebody choosing to lie about whether consent had been granted.


    As to this question: If a woman or a man went to the Gardaí and accused someone of rape, but indicated they'd given some form of consent.. how far would that go as things stand? Nowhere.

    Under the proposed new law, if somebody went to the guards and accused somebody of rape but indicated they'd given consent, it would also go absolutely nowhere.



  • Registered Users Posts: 40,232 ✭✭✭✭Boggles


    thread posters are a normal cross section of the same society.

    lol

    We both know that isn't true.

    Anyway my point is there is absolutely no doubt to his guilt, he had no reasonable defence.

    So what's left to discuss really is punishment and I don't think it would be weird of one to suggest he was dealt with harshly given the facts of the case.



  • Registered Users Posts: 56,283 ✭✭✭✭walshb


    You're having a laugh....had a woman tried to wake/initiate intimacy on a sleeping man (who she was intimate with the same night earlier), I'd bet my house and yours, that it wouldn't even see court.

    Anyway, comparing the two scenarios is not applicable really. Men are the physically more powerful sex, and women the physically weaker sex. Different situations!



  • Registered Users Posts: 56,283 ✭✭✭✭walshb


    Yes, I agree here......the actual act (from what we have read) was very much on the low end scale. Her impact statement had to lend heavily to the judge's decisioning process.

    I am baffled how this incident led to her suffering this much........I think others are also suspicious.



  • Registered Users Posts: 11,245 ✭✭✭✭Furze99


    "Under the proposed new law, if somebody went to the guards and accused somebody of rape but indicated they'd given consent, it would also go absolutely nowhere."

    So why is this proposed new law needed? When as things stand, if somebody went to the guards and accused somebody of rape but indicated they'd given consent, it would also go absolutely nowhere.

    This appears to be about shifting the balance of proof and giving the benefit of doubt to the accuser. Very poor law.



  • Registered Users Posts: 20,369 ✭✭✭✭El_Duderino 09


    You don't think so? I know boards attracts angry old man types, but they exist in society. I don't have much contact with those kinds of people, or lots of people very different from myself, in real life which is one of the main reasons I find boards interesting.



  • Registered Users Posts: 434 ✭✭tooka



    now we know why the harsh sentence

    prove yourself innocent - what a world we live in



  • Registered Users Posts: 40,232 ✭✭✭✭Boggles


    Well the Judge confirmed it did.

    As for her suffering I have no doubt it is genuine to a point, I also think that suffering snowballed and not all that can be attributed to the perpetrator.

    She talks about the glacial speed of the system, having no supports and all her friends blaming her, that can't be laid at the feet of the accused IMHO.

    But again she is entitled to her statement even if it overshoots the runway so to speak, but it's up to a judge to temper that when sentencing if necessary.

    I have only ever come across one other case where the Judge basically poured water on a victim impact statement.



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  • Registered Users Posts: 40,232 ✭✭✭✭Boggles


    I doubt given her what I assume is her age is, her friends and social circles were hardly old angry men.



  • Registered Users Posts: 40,232 ✭✭✭✭Boggles


    Absolutely nothing to do with this case.

    His guilt was beyond doubt.

    You cannot consent when you are asleep, that is the law, it is not a very hard concept to get your head around TBF.



  • Registered Users Posts: 20,369 ✭✭✭✭El_Duderino 09


    Not all angry old men are old, or men. Angry old men types exist all over.

    So you don't think all her friends held that attitude and you disagree with my suggestion that it's possible plenty of her friends had that attitude she outlined. So what is your contention?



  • Registered Users Posts: 2,921 ✭✭✭John Doe1


    This women seems to really lack resilience. Suicidal ideation after a drunken fumble with a friend who tried to wake her up cos he couldnt get it up earlier?

    There seems to a lot of bad actors of this thread pretending that there isnt different levels of severity when it comes sexual assault, this is not gangrape, this is a slightly creepy guy feeling up a girl when she was asleep (mitigated by the fact they were both drunk, already friends and they had already agreed to sleep together)



  • Registered Users Posts: 40,232 ✭✭✭✭Boggles


    Anything is possible like I said, but considering neither of us know her or her friends and for the benefit of debate we need to go with what in reality would be more plausible.



  • Registered Users Posts: 20,369 ✭✭✭✭El_Duderino 09


    Yeah it's mostly the woman's fault. Even when the guy admitted to sexual assault, it's mostly the woman's fault...



  • Registered Users Posts: 761 ✭✭✭cap.in.hand.


    She bought the law upon him...he lost his job..his reputation... wanted him named and shamed...he could be as easily be damaged and suicidal as she claims she is



  • Registered Users Posts: 2,921 ✭✭✭John Doe1


    Did I say it was mostly the womens fault?

    They both contributed to the eventual situation. Maybe more like 70/30 the mans fault.

    This is the real low end of sexual misdemeanour, ive been felt up for a girl unknown to me a club who i was not attracted to in the last year, that was more serious than this and I have barely even thought about it.



  • Posts: 0 [Deleted User]


    I'm not laughing at all. I don't find anything about sexual assault humorous. And I don't know what country you live in, but in Ireland the law applies to both men and women, equally.

    The problem with this case was he didn't wake her up first, if he had he wouldn't be where he is now. She woke up to him already on top of her.

    Waking her up first / not waking her up first - That's the difference between consent and assault.



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  • Registered Users Posts: 56,283 ✭✭✭✭walshb


    Way to go on taking "you're having a laugh" so literally. The law is supposed to apply equally, regardless of gender. We all know this, but I stand by my point that had it been woman to man, no chance this even gets to court, and if it did, there would no way be a custodial sentence.



This discussion has been closed.
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