Sexual assault case against sailor dismissed

A sailor in the Naval Service charged with sexually assaulting a female colleague shed tears in court yesterday as the case against him was dismissed.

Judge Brian Sheridan said the case, which centred on events on board a ship in June last year, "highlighted the crucial importance of awareness of one's actions in the workplace.

“The complainant alleged that the 25-year-old sailor had asked her ‘for a quickie’, had slapped her behind and grabbed her by the breasts with both hands.

“There was a conversation in the mess hall during which he propositioned a sex act, which she firmly rejected,” a garda told a district court in Cork yesterday.

“There was no consent by the complainant to any interaction or to him placing his hands on her at any stage during their time on the ship,” he said.

The garda said that during the case, evidence from other witnesses proved the complainant was upset.

The seaman, who cannot be named for legal reasons, was charged with sexually assaulting a female colleague, contrary to section 2 of the Criminal Law Rape Amendment Act 1990.

Apologised
The sailor had "no idea he'd offended the complainant", his solicitor told the court. He said the accused was "innocent in his intent". "He apologised to her. He had no idea he'd offended her in any way. He may be guilty of impudent behaviour but not criminality," the defendant's solicitor said.

A female colleague in the Naval Service who witnessed the sailor grab the complainant’s breasts said there was no malice in his actions, the incident was a “boisterous exchange”.

Judge Sheridan said the fact there was an incident on board the vessel could not be denied. “The behaviour was immature and inappropriate,” he said. “I’ve no doubt the matter was deeply concerning to [the complainant].”

Judge Sheridan said having considered all the evidence there was a doubt as to whether the sailor intended the assault to be of a sexual nature. “In that regard I am dismissing the case,” he said.

The defendant broke down as the judge invited both parties to leave the events behind them, describing the case as a “trial for all parties”.