5 days Ago By Staff Writer
A Donegal man has been found guilty of sexually assaulting a family member. The man, who is aged in his 20s, and cannot be named for legal reasons, was found guilty by a jury at Donegal Circuit Court. As the verdict was out, the woman wept as she was comforted by family members, who were present in court.
The accused was before Judge John Aylmer charged with a sexual assault on a relative, alleged to have occurred in 2012. The man pleaded not guilty to the charge. The court heard that the accused was 15 and the victim 10 when the incident occurred, Now in her early 20s, the victim told the court that she felt a cold hand on her skin and when she woke up the room was in darkness.
She said she remembered him touching her on the bottom and the hand moving up in front of her nightdress towards her breast area. The woman told Ms Fiona Crawford BL, barrister for the State, that she could hear heavy breathing “like someone who was panicked”. She said she pulled the covers over her and pretended to go back to sleep.
When she heard him get up to move, he stood at the bottom of her bed and she sat upright on the bed and said: “What are you doing in my room”. The accused was alleged to have seemed “startled” and, wearing only a pair of boxers, told the girl that he was sleep walking. The girl said she did not believe him and she went into her mother’s bed and asked if she could sleep there for the night.
In charging the jury to deliberate, Judge Aylmer said the prosecution had said that the witness was truthful and credible. The prosecution told the jury that it should be satisfied that the offence was committed and that, having withstood fairly lengthy cross-examination, they should be left in no doubt about the guilt of the accused. The man insisted at all times that the alleged incident never happened.
The court heard that Tusla became involved since a complaint was made. A note taker from Tusla had “a significantly different allegation” contained in a note. “I never said that,” the woman said, claiming that the note taker was wrong.
Mr Colm Smyth SC, barrister for the accused, said the existence of the note ought to cause significant doubt. He also said there was a difference in what the girl told a friend in that she described the accused having put his hand between her legs. The court had also heard evidence from other family members and Mr Smyth said there were certain contradictions that should raise doubt.
Judge Aylmer told the jury that the fact that the offence was alleged to have occurred in 2012 and that there was a significant time lapse before a complaint means that the case was more difficult to defend. He said the defendant should not be prejudiced because of the day. He said the jury could also be minded to think that the delay was understandable as the case dealt with a 10-year-old girl and she did make the complaint when she reached adulthood.
A jury of seven men and five women deliberated for just short of two hours. The jury was unanimous in agreeing that the accused man was guilty. Judge Aylmer thanked the jury members for their service.
Mr Smyth asked if his client could be remanded on continuing bail and, with no objection from the State, Judge Aylmer agreed. The man will appear back at the next term of Donegal Circuit Court in April for sentencing..
