David Hurley, 26 Apr
*SOME READERS MAY FIND THE FOLLOWING REPORT UPSETTING*
A COUNTY Limerick law graduate has been sentenced to four years'
imprisonment for the rape of a woman after they had been engaged in
consensual sex after meeting in a pub earlier that night.
The sentence hearing at the Central Criminal Court heard that Eoin
Considine, aged 24 of Old Barna Road, Newcastle West and the
complainant had been engaging in consensual sexual intercourse which
then became rough.
The intercourse continued after the woman had withdrawn consent and
begged Considine to stop, the court heard.
Considine had pleaded not guilty to rape of the woman at her then
residence in Limerick city on August 11, 2019. He was convicted by a
jury following a trial last January.
The woman, a student nurse, told the trial that she was out drinking in
a city centre pub with her friends when she met the defendant. They
left together and went to her home where they began having consensual
sex.
She said during this he began pulling her hair and banging her head
against the headboard of the bed. He grabbed a fistful of her hair and
she asked him to stop and he did but then did it again.
The court heard the sexual intercourse continued in a consensual way at
this point. The woman testified that after a while the man became much
rougher and “he put his hand around my neck and started to choke me”.
She said at one point she was unable to breathe and she was very
frightened and was shaking her head to tell him to stop. She said he
moved his hands on to her shoulders and was pinning her down.
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Another date set for O’Connell Street completion in Limerick city
The court heard that it was at this point she withdrew her consent and
the man continued sexual penetration without consent.
“I started begging him to stop but he didn't stop having sex with me,”
she said. She said this lasted 90 seconds before she was able to move
him off by getting her feet up and under him and pushing him away.
Considine apologised to the woman and told her he thought “she liked
it” and that he'd had a previous girlfriend “that liked it”. He also
told her he couldn’t stop because she was “so good looking”.
The woman was upset and asked Considine to leave. He initially refused
and said he wanted to make sure she was okay but she told him she just
wanted him to leave and he did, the court heard.
Imposing sentence, Mr Justice Paul McDermott said rape was a “very
serious offence whatever form it takes”. He said rape was a “violation
of the victim's bodily integrity” and a “grossly invasive act of
violence”.
The judge noted that the prosecution had emphasised that there was
“extensive consensual engagement” between the woman and Considine for
most of their time together, except for the period of 60 to 90 seconds
in question.
He said the circumstances of this case are “somewhat unusual,” however
consensual sexual engagement beforehand, “does not excuse a failure to
stop”.
Mr Justice McDermott set a headline sentence of four and a half years.
He noted that Considine accepts the verdict of the jury, but continues
to deny rape. Mr Justice McDermott said there was no guilty plea or
expressions of remorse which would allow the court to reduce the
headline sentence substantially.
He said Considine's regrets are focused on the impact of this case on
his family, but there has been “little or no thought for the victim”.
Mr Justice McDermott handed Considine a prison sentence of four years.
He also directed Considine to place himself under the supervision of
the Probation Service for 18 months post-release.
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Vigilance urged as Limerick gardai issue warning over 'distraction'
thefts
In her victim impact report, the woman said that she was left with
bruising on her arms and neck and suffered bleeding from her scalp. She
said that she lost any sense of safety in her own bedroom and felt
safer staying out all night than she did in her own bed.
She said she found it hard to move on from the idea that “that my
primary worth only goes so far to provide sexual gratification” and as
a result she became “hyper-sexual”.
She said Considine's defence used photos from her phone to try to
portray her as promiscuous but that these photos were taken after the
assault.
She said she experienced suicidal ideation and that during the trial
she felt she had been the one on trial. Addressing Considine directly,
she stated: “You've offered me no explanation, admission or remorse.
You took so much from me in just 90 seconds.”
Mr Justice McDermott said that the evidence was that the sexual
activity was consensual up to the point at which Considine pinned the
woman down by her shoulders.
After the woman identified Considine through Instagram and Facebook,
gardaí contacted Considine by phone and he knew why they were calling.
He told gardaí: “I got it wrong, it was wrong, is she okay, I took
things too far, I need to face up to that,” but during the trial he
attempted to resile from these admissions, Lisa Dempsey BL,
prosecuting, told the court.
Kathleen Leader BL, representing Considine, handed over a dozen
testimonials into court from local business owners in County Limerick.
She said everyone who knew her client spoke well of him as a
hard-working, gentle and inclusive young man who did his best to help
people and who contributed to the community.
She said what happened on the night in question was “very much out of
character”. Considine has no previous convictions and qualified with a
law degree from University College Cork.
A consultant psychiatrist who treated him stated that since the
allegations he has suffered with severe depression and significant
suicidal behaviour.
Mr Justice McDermott noted that the woman's victim impact statement
outlined the impact of this incident on her life and that it had
affected her “sense of security” in her own home and in intimate
relationships.
He noted that certain aggravating factors are absent in this case and
said this was not a “premeditated or predatory offence”.
The judge noted that Considine was a “very young man” at the time with
“considerable prospects notwithstanding his conviction”.
He said he took into consideration the mitigation on behalf of
Considine including that he is considered to be at low to moderate risk
of re-offending.
Mr Justice McDermott also directed the man to have no contact with the
victim through any means.