A man from Co Wicklow who raped an Australian woman has been given a 10-year suspended sentence by Mr Justice Budd at the Central Criminal Court.
Brian Fox (28), single, of Tinahely, paid £20,000 to his victim as a token of his remorse for the offence. He also apologised from the witness box to her. Fox, a carpenter, pleaded guilty to committing the offence on September 5th, 1997.
His victim, who flew back from Australia for the case, told the court she did not want to see him jailed but asked that he be given a sentence which would deter him from doing it again.
Mr Justice Budd was told that DNA samples from Fox matched semen taken from the victim. Garda Mary Carroll told Mr Denis Vaughan Buckley SC, prosecuting, that the victim and some other girlfriends met Fox and another man in a pub by accident and later met up in a disco in Rathmines, Dublin.
Four of them went back to an apartment rented by the Australian women, and the victim had consensual sex with Fox's companion. She then made a meal at about 3.30 a.m. and fell asleep in her bed wearing tracksuit bottoms and a polo sweater. Garda Carroll said the victim woke up at 5 a.m. to find Fox having sexual intercourse with her. She was so shocked she could not scream out and shook him off before running to the toilet. She was followed by Fox whom she accused of raping her.
He replied: "What did I do?" Fox did not seem to know what he had done and left the house at that stage. Garda Carroll said he had drunk about 10 or 12 pints that night and his victim had consumed about six liqueurs.
Fox went to the Garda station voluntarily by request on September 7th and made a statement in which he said he had no recollection of how he got to her bed or what happened. He recalled the victim being upset and crying. He said he often suffered blackouts then from drinking.
Garda Carroll said Fox came to the station three times and realised from the start how serious the case was, although he had not contacted a solicitor. He said he had not found the victim attractive but had fancied her friend. Fox added that he did not use drugs.
Garda Carroll agreed with Mr Richard Keane SC, defending, that the victim's girlfriend said Fox had behaved impeccably with her and had not made any improper advances. She accepted the offence was out of character for Fox. He had not threatened or carried out any other violence on the victim and said nothing at any time to discredit her account or suggest there was consent to sex between them.
The victim told Mr Justice Budd she made threats of suicide after the rape and still suffered anxiety attacks. She was on strong medication, felt scared all the time, was very vigilant and had difficulty sleeping. She suffered mood swings and had constant nightmares. She had problems of concentration and had not worked for six months after going home. The victim said she was glad Fox had pleaded guilty and shown remorse. She did not want him jailed but wanted him deterred. "I would hate to see anyone go through what I have in recovering," she added. One of Fox's employees had offered a loan to add to Fox's savings in making up the £20,000 he offered as a token to the victim. Mr Justice Budd said the counsellor's report showed the effects of the rape would remain with the victim for her life. She showed the classic symptoms of post-traumatic stress disorder. It was "with some trepidation" he imposed a suspended sentence. He was aware the Director of Public Prosecutions could appeal its leniency, but he considered her plea for a deterrent sentence and the unusual aspects of the case.
If Fox put one step wrong, he would serve the 10 years.