A CORK man who's "sleeping" a woman while her friend was in the same bed has been arrested for six years.
Patrick O’Driscoll, after 21 years of age, from Rosewood Drive, Charleville, was convicted by a central court jury who, on May 10, 2016 in Cork, raped woman in a home in Co Cork.
O’Driscoll, who has previously had convictions of district law, has remained steadfast since his conviction.
Mr. Justice Michael White noted today that O'Driscoll was still refusing adamant adjudicators, so there were no remorse allegations.
He said that no one could be saved by the impact explanation of the victim and the effect of rape on their physical integrity and body image.
He noted that O’Driscoll's drunkenness had been extreme night.
He said the diminishing factors were the young age of O'Driscoll at the time of the offense and his tragic personal and family circumstances.
The Hearing Justice Michael White set a 10-year headline that he reduced to six years to consider these mitigating factors.
Lisa Dempsey BL, prosecuted, told the court that woman wanted to keep her anonymity and should not publish anything that would tend to identify her.
Mr Justice White said that there was no restriction on publishing & # 39; s identity; e accused, but said that care should be taken when reporting on a location.
At a former hearing, detective Garda told Denis Ryan Tim O & # 39; Learner SC, persecution that a number of people, including the then 18-year-old accused and the 20-year-old woman, returned to a home in a Co Cork city after a night socialization.
The woman was sleeping in a bed with her friend in sleep at the foot of the bed.
She awoke at night to find out that O’Driscoll had sex with her from behind.
Doing it once realized what was happening, trying to wake up their friend and there was a confrontation with tensions high.
The guards were summoned to the house of reports of disturbance and O’Driscoll was arrested for a public order offense before the full extent of its situation became apparent.
The woman made a complaint to gardaí almost immediately after she arrived. O'Driscoll denied the direct accusation, claiming he was invited to sleep in the bed by the woman's friend.
This was refuted by the friend of the woman during the Cork trial.
The now 24-year-old woman, who was not present in a court for the hearing of & # 39; A sentence, said in her victim's influence that the events of that morning completely changed their lives and felt their anger, shame, worthlessness, and filth.
She said that she has nightmares suffering from the trial.
She could not believe that O'Driscoll would not give up what he had done and made her experience again.
She said the trial felt they were in the wrong and it was a huge relief when he was condemned.
She said she was trying to go through, but it would affect her for the rest of her life. O’Driscoll has 37 earlier convictions, including crimes of public order and district court traffic rights, with no former offenders.
The guard agreed with defense lawyer that the earlier convictions of O'Driscoll were related to drug and alcohol problems and that he had earlier mental health problems.
He agreed that a "fair way of doing" alcohol on all sides was taken.
Defense Council, Siobhan Lankford SC, said O’Driscoll had psychiatric problems in the past and were identified by psychiatric services as a vulnerable individual.
She said that three members of the extended family of O'Driscoll died in traumatic conditions.
Council asked the court to take into account the co-operation of O'Driscoll with gardaí and the fact that his version of events managed the version of the wounded party except for the central event.
She said "if he wasn't on drugs or alcohol, he turned out to be a mild person."
They asked the court to structure a sentence to give it something to strive for and some hope for the future.