A man who sexually assaulted a “seriously drunk” and “almost unconscious” woman at a Dublin festival has been jailed for 10 months.
Steven Hennessy (38), who was also highly intoxicated, was observed by a nearby group to be putting his hand inside the trousers of the woman who "looked like she was about to pass out."
The victim, who is entitled to anonymity, only became aware of what had happened when she woke up in a medical hut and found out a man had been arrested for sexually assaulting her.
Hennessy, formerly of Hollybank Road, Drumcondra, Dublin and originally from Carlow, pleaded guilty at Dublin Circuit Criminal Court to sexual assault of the woman at a location in Dublin in September 2016. Hennessy has no previous convictions.
Judge Martin Nolan noted the victim was "seriously drunk and in an almost unconscious state". He said Hennessy had put his hand under her clothes by her vaginal area and digitally penetrated her.
He noted that Hennessy was also “severely intoxicated” and was not fit to be interviewed by gardaí until the following day. He said this did not help Hennessy and commented that people were responsible for their acts, drunk or not.
Judge Nolan noted it could be said Hennessy had “almost perfect mitigation”. He outlined his co-operation and admissions, followed up by a guilty plea and expression of “true remorse”.
He said Hennessy had a good work record and had lost his job as a result of his behaviour. He noted Hennessy had brought €10,000 to court as a token of remorse and was unlikely to re-offend.
The judge said Hennessy was a mature man when he committed the offence. He accepted he would probably not have committed the offence except for his intoxicated state, but noted “inebriation and intoxication affords no defence.”
Judge Nolan imposed a sentence of two years imprisonment and said by reason of the mitigation, he was going to suspend the final 14 months on strict conditions.