Suspended sentence for sexually assaulting his supervisor
Carlow Courthouse Photo: Michael O'Rourke
A DELIVERY man who works in a restaurant in Co Carlow was last week handed a suspended sentence ,after he was found guilty by Judge Geraldine Carthy at Carlow District Court of sexually assaulting his supervisor.
Judge Carthy heard the full facts of the case in February this year and found the defendant guilty of the sexual assault that occurred in a restaurant last year. She had adjourned sentencing for the preparation of both a victim impact statement and a probation report.
Last week before sentencing the man, who can’t be named to protect the identity of the victim, Judge Carthy read the victim impact statement. The injured party said that since the assault she had been ‘struggling to come to terms with what happened’, that she had isolated herself from her family and friends and that she was afraid of seeing her attacker again.
Judge Carthy said that the most aggravating aspect of the statement was that the woman said that she had lost part of herself that day.
During the previous hearing, Judge Carthy heard that in March of last year the then 19-year-old woman had gone upstairs in the restaurant with the delivery man to help him carry supplies up there and that, when they were alone, he put his hands on her waist, kissed her neck and touched her breasts.
The victim told the court that she got extremely upset and that a family member had to come and collect her from work.
She said that, just before the incident, the man had told her that he liked her but that she replied that he was married and had a family and that she had a boyfriend and that nothing would happen between them.
A co-worker gave evidence of seeing the injured party, who was a supervisor in the restaurant, being very upset in the kitchen and of seeing the defendant kneeling down in front of her, apologising.
The teenager told the court that she did not give the man permission to touch her, while the defendant, who is in his 30s, said that the physical contact was mutual. When asked directly by the judge if she had given the man consent to touch her, she replied that she hadn’t.
Last week at the sentencing hearing, Judge Carthy noted that the probation report said that the defendant had accepted responsibility for his actions but that there was still a “medium risk of reoffending”. She also noted that he had written a letter of apology to the victim but added that it was up to the victim to decide whether she wanted to read it or not.
Solicitor Joe Farrell told Judge Carthy that the defendant was accompanied in court by his wife and his mother and that he had €1,000 in court to show his bona fides.
“He made a mistake and he’ll suffer the consequences,” said Mr Farrell.
Judge Carthy then sentenced the defendant to nine months’ imprisonment but suspended it in its entirety for 12 months while also ordering him to engage with the Probation Service and to stay away from the injured party.
Recognisances were fixed in the event of an appeal.
