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

You left out a few details yourself. as per the independent https://www.independent.ie/irish-news/courts/former-rte-journalist-who-sexually-assaulted-sleeping-woman-jailed-for-15-months-41868143.html "In the flat they were kissing and Ó Leidhin engaged in consensual sexual foreplay type activity. Ó Leidhin suggested they have penetrative sex. The woman said no but left open the possibility that they could do this the next morning, Mr Delaney told the court." This wasnt a case of a complete stranger breaking into a house getting naked and climbing on top of a woman and touching up her boobs. What woukld the sentence be for a complete stranger climbing on a woman and touching her boobs? They were after having consensual sexual activity they were presumably both naked or near naked and sleeping side by side, something must have been said that implied they would have more in the morning. He initiated that sexual activity the following morning and stopped immediately when she said no. He doesnt from the details given sound like your typical sexual predator - she insisted he be named and shamed for this - she has by her own admission been shunned by friends and family because she brought this case. This is not a straight forward case at all, if every case where a man or woman intiates sex by touching their partner to wake them in the morning then the courts and jails would be full of people. I have discussed this case with many male and female friends and have yet to find one person who doesnt think the sentence was extremely harsh. Now perhaps we are all not privy to some very important details but what has been reported inn the media would lead me to beleive that the sentence is extremely harsh.

Not a custodial sentence. And had the impact statement not been so detailed, I doubt he would have gotten one.

The punishment was enough that it went to court and he was convicted and he was named.

Maybe community service?

that will respond in the manner outlined in this case- and that’s worth remembering next time you’re out there in one night stand land

Not strictly one stand land though is it? The vast majority of rapes and sexual offences are not one night stands.

Nothing stopping a 'disgruntled' ex in a year or 2 following the same path.

Both are extremely rare, but it's not just the single cock smith out for the quest that needs to take care.

I dont think that this case merited a 18 month sentence with 3 suspended when you look at the compartive cases and sentencing. Sentencing was heavily influenced by the victim impact statement - I'm not sure if the egg shell rule applies to criminal cases maybe it does. I would expect an appeal by the defendant.

The devil is in the detail. She said no to penetrative sex, she did not say no to the sexual activity, they both consented to that and engaged in it. He mistakenly beleived that she consented to the same sexual activity when he initiated the following morning - is that from an objective standard a wholly implausible beleif given what happened a few hours earlier?

If she said no more sexual activity and he initiated the following morning id say 100% throw the book at him but discussing the possibilty of sex the following morning and the previous sexual activity are important in the context of this case, they are extremely relevant to sentencing I would have thought because they are relevant to his intention. I dont know this man but I doubt he set out with the intention that morning to sexually assalt this woman - I'd imagine he thought he was continuing with what had happened the night before and both were consenting. He made a mistake and broke the law but if the law is applied in every case then there would be thousands of people in jail, would you not agree?

I would agree it is a very complicated case and taking your example that the pecentage of women who would respond in the manner this lady did would be in the low % - its a costly mistake for this man - and a case that should be front and centre for every young person in Ireland to be made aware of.

by experience of how any man tends to climb on top of a woman, there are many ways that would be interpreted and I've no reason to think he was pinning her down and grabbing her breasts roughly in some predatory fashion.

by on top. was he having one leg over her? was she laying on her back? On her side? how much of his weight was on her?

Given the various character traits from the man, i really doubt ( of course, i could be entirely wrong), but i would more readily believe he was throwing some of his body over her to set a mood for what he wanted. I don't think he was 100% on top of her and using her breasts like support stands. He was far more likely trying to initiate something, and was support his own weight, and was yes physically over her at least in part. He wasn't planking.

So i think the far cry from neck snuzzling is not so far a cry from what likely took place.

Having sex with someone where you believe you have consent, but you actually don’t, IS rape. That’s not the same as somebody trying to withdrawal consent retroactively.

I’m not sure what point you’re trying to make as you just posted a link.

But the concept of consent has nothing to do with proving consent, or lack of in court

A hard slap, or a knee to the groin at the time would have been much better for her mental health in that year between the event, and her going to the guards. Personally, I find the sexual assault aspect of this secondary to him putting himself in a physically dominant position over a sleeping woman. Luckily for her at the time, she didn't think Larry Murphy, that seems to have come later.

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Date rape, one night stand rape or predator in the bush rape is statistically far less like to happen.

Majority of rapes and sexual assaults actually take place in the persons home by someone they know.

I feel the exact same......reading the impact statement about suicide, sexual violence, counselling sessions, anxiety, depression....

The actual act was on the clearly lower level of sexual assault. It was a moment in time.

Something doesn't sit rights here.....are we missing a lot of what was reported?

Woke up and said stop doing that. He immediately stops. She then goes back to sleep. Lets him take her home, allows him access next day to her home to discuss, agree to disagree. A year later and we have arrest and charge, and three years after the incident we have this impact statement and a prison sentence.