Woman brought rolling pin to bed to fight off rapist husband
The 43-year-old man had pleaded not guilty to two charges of rape at their Tipperary home on dates in April and May 2022. A Central Criminal Court jury later convicted the man on one charge of rape but failed to reach a verdict on the first incident of alleged rape.
Mr Justice Paul Burns imposed a sentence on the man of seven years with the final year suspended.
A local investigating detective told Michael Hourigan SC, prosecuting, that the couple had been married since 2010 and had a daughter together. The marriage had run into difficulties after the woman said he was drinking to excess.
She said he also caused bruises on her arms and legs by 'pulling, pushing and grabbing' her strongly on regular occasions. In 2015, she applied for a divorce but the man seemed to be in denial. They were sleeping separately and at the time of the rape had not had sex in over a year.
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The detective said in April 2022, the woman later told gardaí that she woke up to find the man raping her. She then began to regularly lock her bedroom door. This was the charge that the jury failed to reach a agreement on.
Mr Hourigan said the Director of Public Prosecutions has directed that this charge will not be tried again before a jury and a nolle prosequi was entered, meaning the man no longer faces prosecution for this charge.
The detective said that on May 15, 2022 the woman had an argument with the man and described the atmosphere in the house as 'not good'.
She did not lock her bedroom door that night but the detective agreed with Mr Hourigan that she 'thought it prudent to bring a rolling pin to bed with her'.
She woke up that night to find the man raping her. She struck him twice with the rolling pin before he stopped raping her.
The woman reported the rape to the gardaí and they arrived at their home to arrest the man. He was considered too drunk to be interviewed at the time but was later questioned six times. He denied any wrongdoing.
The detective read the woman's victim impact statement into the record. She said since the rape her life has 'extremely changed' mentally, physically and financially.
'I could not cope with what had happened,' she said as she described experiencing nightmares, anxiety and PTSD. She said she was not eating, not sleeping and suffered a mental breakdown.
The woman said she had no happiness and began drinking heavily.
The woman said she does not know how she will cope financially in the future. She can no longer work and has unpaid bills, including her mortgage.
Colman Cody SC, defending, said although his client made no admissions and does not accept the jury's verdict he was co-operative with the garda investigation.
He said his client was aware of the issues the woman has been experiencing financially but is not in a position to assist with this because of the fact that he is in custody and is unable to work.
Mr Justice Burns noted the couple had been separated but still shared a home due to their financial circumstances. He said the accused had broken trust and taken advantage of the woman being asleep, with the violation occurring in her own bed. He also noted the prior relationship between them was an aggravating factor.
He set a headline sentence of eight years, before noting in mitigation the man's lack of prior convictions, work history, co-operation with gardai and that he was a good father. Mr Justice Burns imposed a sentence of seven years with the final year suspended for three years.
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