A MAYO man who raped a neighbour on her 16th birthday as he brought her home from a disco has been given a 10-year sentence by Mr Justice Barry White at the Central Criminal Court.
Michael Allen (29) told the victim "this can be your birthday present" when he raped her on July 21st, 2005.
Allen, a father of three, St Gerald's Crescent, Ballyhaunis, told gardaí he had consensual sex with the girl, which they had both enjoyed.
The jury of six men and six women returned a 10-2 majority guilty verdict after deliberating for two hours and 40 minutes. Allen and a female friend who sat with him through the four-day trial in March broke down crying and embraced each other when the jury returned its verdict.
Det Garda John Mulligan told Isobel Kennedy SC, prosecuting, that Allen had five previous convictions from 2001 to 2006 for larceny, criminal damage, handling stolen property, failing to appear in court and road traffic offences.
Brendan Grehan SC, defending, submitted that Allen had a history of alcohol abuse and was on disability. He said Allen suffered from serious mental health problems and has been admitted to hospital on several occasions. Allen had driven the victim home after the incident and caused her minimum physical injuries, he added.
Mr Justice White said: "It cannot be said you were of previous good character and I cannot ignore the traumatic effect of this incident on this girl."
He noted the recommendation of the Director of Public Prosecutions that the offence was "in the upper to mid-range of sentencing" and told Allen he had denied himself a reduced sentence by not admitting his guilt and "sparing the victim the ordeal of cross-examination".
Mr Justice White suspended the final three years of the 10-year sentence on strict conditions, and ordered Allen's name to be placed on the register of sex offenders.
The rape occurred after Allen picked up the girl and her friend on their way from a disco. He dropped her friend home before parking the car and forcing himself on her. She tried to to run but he grabbed and forced her on to the back seat where he raped her.
In the trial, the victim told Ms Kennedy that Allen picked her and a friend up shortly after they had a row with local boys in the town. She said her friend asked Allen if he would drive around to find the boys so that she could ask them to apologise for insulting her sister.
She said he drove "up the road a bit" but they soon decided to go back and her friend asked to be dropped off at her sister's house. She then planned for Allen to drop her home, but he suggested driving up a particular road to try and find the boys. She said he stopped the car in a "mucky place" and he leaned over and tried to kiss her.
She said she was trying to push him away and telling him to stop. When she started to cry, he told her to stop because he was "only messing". She tried to get away, but Allen caught her and pushed her up against the car before he put his hand up her skirt. She was telling him to stop and trying to get him off her but he wouldn't listen and he raped her.
She said she telephoned her sister when Allen dropped her off and she stayed with her that night after telling her he had raped her.
Her sister gave evidence of a hysterical call at 2am from the victim who was "crying and hyperventilating" and saying she had been attacked.