Do people think the sentence is fair? I followed the case. I think it is about right. Probably on the lower end of a sexual assault case but i do think a custodial sentence was required.
User name fits.
But I'm no white knight. Those excoriating the bloke JAILED for 15! months for what was a clumsy attempt at intimacy, when that sadistic Garda cnut basically got 33 months for his horrific behaviour...
He committed a sexual assault on a sleeping woman.
That's not "nothing".
Or the other way around. I remember waking up and this woman was on top of me having sex one night after a one night stand, I obviously fell asleep.
It's a tough one. Guy hung himself so deserves what he got. I have been on the other side woke up next day once the beer goggles wore off Person coping a feel in the morning. Made excuses and left. I just find it odd takes 1 year to decide. chalked it up to life experience and moved on. I mean what would have happened if they finished the deed and guy says get a cab home. Wager that would not go down to well.
Or maybe some will learn not to assume consent based on previous activities and that climbing on top of a sleeping woman and groping her could land them in a whole lot of trouble.
This could all have been avoided if he had just woken her up first.
Very good, I see where you're coming from. Just feels like women are generally believed these days no matter what it is. Or if they aren't believed, people are too terrified to question them out loud. Although the recent Depp Heard case certainly goes against that, I'll admit that.
"She said the night of the attack was the last time she would ever go to sleep feeling safe from attack."
Yet she fell asleep right beside him minutes after the assault took place?
A custodial sentence seems a bit much.
The fact that he stopped when she told him to and that he has zero previous convictions, to get over a year seems a bit much.
She is obviously a very very hateful person.
This will just drive men further away from approaching women.
You're completely misapprehending that law, it applies if the person was never in a position to give consent in the first place, which is not the case here.
And herein lies the root of the problem.
Just because she went home with him, and was intimate with him earlier in the evening, did not mean he had carte blanche permission to climb on top of her and start feeling her up while she was asleep - no matter what she had consented too earlier.
I hope this case serves as a lesson to anyone who thinks that you can assume consent, just because someone consented once already.
Mixed opinions here, I think people need to visualise how beyond creepy a level he took it to. Doesn’t sound like a bit of fondling in the hope of some of action, he was on top of her while unconscious.
It’s also not fair to blame her for waiting a year. Maybe she couldn’t shake it off, maybe she had told herself the same things people are saying on this thread but realised after a year that dismissing it was messing her up?? She can’t win in that situation without simply going to the guards. Her only options are leave it off completely or try get money off him to perhaps pay for therapy but then she had already lost any chance of justice.
That being said, him acting “beyond creepy” doesn’t justify 15 months jail and life ruined, it just doesn’t. It doesn’t solve any problems for anyone.
I believe her trauma could be addressed without his life being completely ruined.
The wifes asleep here beside me. I feel like the ride. Luckily i have the local marching band booked for 12 to come in and wake her up. I also have an airplane fly over with a banner asking for a shag. Cant be to careful.
She willingly went home with him ,was physically intimate with him earlier in the evening , he had a water tight defence against any accusation, he committed Hari -Kari
Oh and she didn't have to spend anything on solicitors, she was a witness, not a defendant
If he wants to bring a case against his wife, have at it.
Or, in the real world, it's likely that boundaries have been established between him and his wife as a result of years of trust.
Of course, anyone here that has actually ever been in a relationship will understand that instead of equating it to two randomers who don't know each other.
Have at your rapey ways if you think it's ok for anyone to just mount any woman and grab their tits, though.
You didn't know this?
As I've pointed out before, consent classes sound more and more justified by the day.
There it is, in law.
(2) A person does not consent to a sexual act if—
(a) he or she permits the act to take place or submits to it because of the application of force to him or her or to some other person, or because of the threat of the application of force to him or her or to some other person, or because of a well-founded fear that force may be applied to him or her or to some other person,
(b) he or she is asleep or unconscious
A person cannot consent to a sexual act if he or she is asleep or unconscious.
Just because they were messing around earlier does not mean that he can mount her and do whatever he pleases once she is sleeping. Completely rapey to think otherwise.
Would you not think a girl taking time out of her life to pay for solicitors and go through the court system with the fairly common story of a drunken one night stand who later tried to get things going again after she fell asleep is not more believable than the lad who is denying it? Even though he has to admit he was tipsy and in bed with her and already slept with her? Have to say I'd probably believe her myself. In fact I'd say it happens every single weekend in every country in the world.
I'd suggest he shares a little responsibility too, which required an apology which was given and nothing else.
Well it is a hard “No” from me.
But based on your earlier legal post I suspect it is a hard “Yes” from you.
The chap may have a case against his wife. I suspect many couples will be contacting their solicitor this week.
Sounds like a case where she was ambiguous about it and her capriciousness has destroyed this man's life.
In my opinion she is vindictive, remaining anonymous whilst wanting this man named.
The court should order that she be identified and order her to state in writing to any man she meets whether or not she consents to penetrative sex.
I doubt that.
Anyway consent wasn't withdrawn prior to her going asleep, and who ever said it was withdrawn automatically? That's a new one on me.
And I'll refer back to your rapey comments that men can do whatever they like to women while they sleep.
Rubbish, there was absolutely nothing to go on without his volunteered confession, all he had to do was deny everything she accused him of
I'd suggest he shares a little responsibility for touching up someone who wasn't conscious and wasn't in a position to consent. Is that too much to expect on Boards?
Yes.
If a tree falls in the woods, and no one is around to hear it, does it make a noise?
I think he really needed Judge Nolan as the case Judge and Justice Karen O'connor should have presided over the case with that scumbag Garda.
Depends on the thing. In this scenario the world would have believed the girl anyways so his main "out" is his character and behaviour before but also during the hearing. Hence taking an honest approach. He wouldn't have faired as well if he denied everything I don't think. Not in today's world where the woman is generally assumed to be telling the truth if she's going all the way through the courts.
Like I said earlier, effects of WOKE Progressive indoctrination, probably felt instinctively in the wrong so was overly keen to assuage, he made awful decisions at every turn and effectively offered himself up on a plate ,prosecuting guard saw an easy opportunity for promotion and took it
@Faugheen i’ll refer this query to you.
If I am asleep in a bed with my wife, 30cm apart, and she awakens, rolls towards me, and hugs me, while I am still asleep, is that assault?
I am asleep, no words were spoken, I may half wake up soon after, maybe.
15 months is a **** joke.
So you think admitting to police something which can't be proved is prudent and wise?
![Photo of [Deleted User]](https://wd.vanillicon.com/v2/d5a8197d7274f92eab37915a6d9f12a1.svg)
![Photo of [Deleted User]](https://wd.vanillicon.com/v2/d38dadd4e9049f636f3a15f844846484.svg)
![Photo of [Deleted User]](https://w9.vanillicon.com/v2/9c4b54c0d6ff7309909065d97df87309.svg)
