Law graduate sentenced to four years for rape of student who withdrew consent during sex

A Limerick law graduate has been given a four-year prison sentence for rape of a young woman.

The sentence hearing at the Central Criminal Court heard that Eoin Considine (24) and the complainant had been engaging in consensual sexual intercourse that then became rough. The intercourse continued after the woman had withdrawn consent and begged Considine to stop, the court heard.

Considine, of Old Barna Road, Newcastle West, Co Limerick had pleaded not guilty to rape of the woman at her then residence in the city on August 11th, 2019. He was convicted after a trial last January.

The woman, a student, told the trial she was out drinking in a city centre pub with friends when she met the defendant. They left together and went to her home where they began having consensual sex.

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She said he began pulling her hair and banging her head against the headboard of the bed. He grabbed a fistful of her hair and she asked him to stop and he did but then did it again.

The court heard the sexual intercourse continued in a consensual way at this point. The woman testified that after a while the man became much rougher and “he put his hand around my neck and started to choke me”.

She said at one point she was unable to breathe and she was frightened and was shaking her head to tell him to stop. She said he moved his hands on to her shoulders and was pinning her down.

The court heard that it was at this point she withdrew her consent and the man continued sexual penetration without consent.

“I started begging him to stop but he didn’t stop having sex with me,” she said. She said this lasted 90 seconds before she was able to move him off by getting her feet up and under him and pushing him away.

Considine apologised to the woman and told her he thought “she liked it” and that he’d had a previous girlfriend “that liked it”. He also told her he couldn’t stop because she was “so good looking”.

The woman was upset and asked Considine to leave. He initially refused and said he wanted to make sure she was okay but she told him she just wanted him to leave and he did, the court heard.

Imposing sentence on Wednesday Mr Justice Paul McDermott said rape was a “very serious offence whatever form it takes”. He said rape was a “violation of the victim’s bodily integrity” and a “grossly invasive act of violence”.

The judge said the circumstances of this case are “somewhat unusual”, however consensual sexual engagement beforehand, “does not excuse a failure to stop”.

Mr Justice McDermott set a headline sentence of four and a half years. He noted that Considine accepts the verdict of the jury but continues to deny rape. Mr Justice McDermott said there was no guilty plea or expressions of remorse, which would allow the court to reduce the headline sentence substantially.

He said Considine’s regrets are focused on the impact of this case on his family but there has been “little or no thought for the victim”.

He handed Considine a prison sentence of four years. He also directed Considine to place himself under the supervision of the Probation Service for 18 months post release.

Victim impact report

In her victim impact report, the woman said she was left with bruising on her arms and neck and suffered bleeding from her scalp. She said that she lost any sense of safety in her own bedroom and felt safer staying out all night than she did in her own bed.

She said she experienced suicidal ideation and that during the trial she felt she had been the one on trial. Addressing Considine directly, she stated: “You’ve offered me no explanation, admission or remorse. You took so much from me in just 90 seconds.”

After the woman identified Considine through Instagram and Facebook, gardaí contacted Considine by phone and he knew why they were calling. He told gardaí: “I got it wrong, it was wrong, is she okay, I took things too far, I need to face up to that,” but during the trial he attempted to resile from these admissions, Lisa Dempsey BL, prosecuting, told the court.

Defending counsel Kathleen Leader SC handed over a dozen testimonials into court from local business owners in Co Limerick. She said everyone who knew her client spoke well of him as a hard-working, gentle and inclusive young man who did his best to help people and who contributed to the community.

She said what happened on the night in question was “very much out of character”. Considine has no previous convictions and qualified with a law degree from University College Cork.