A Galway man has been jailed for seven years for sexually assaulting a teenage Clare girl after a St Patrick's Day drinking session.
James Donovan (37), a married father of seven, of Fona Glas, Ballybane, Galway, pleaded guilty at the Central Criminal Court to sexually assaulting the then 16-year- old victim and assault causing her harm on March 17th-18th, 2004.
Mr Justice Éamon de Valera certified Donovan as a registered sex offender and noted the maximum sentence on the sex assault charge was one of 14 years due to the victim's age at the time of the offence.
He said the victim could not have been mistaken for anything but a 16-year-old girl, which placed the offence at the higher end of the scale.
"He was considerably older than her and was merciless in the way he treated her," the judge said. He added that Donovan's wife deserved great credit for sticking by him.
Mr Justice de Valera said that taking all matters, including his guilty plea and previous good character, into consideration he would impose a seven-year sentence with the final three years suspended on conditions.
Garda Andrew Monahan told Conor Devally SC, prosecuting, that in the early hours of March 18th he went to a house, near a west Clare village, where he met the victim with some other girls. She was crying and too distressed to speak about what happened but agreed to attend a doctor nearby.
Garda Monahan said the girl had celebrated St Patrick's Day with her friends and they arranged to meet again later. She and one other girl left in a car with three men one of whom was Donovan, the driver. They were not acquainted with him previously but one of the other men was known to them.
After they had some drinks, they returned to collect the third girl who wished to join them and resumed celebrating. Some time later, the victim complained of being cold and returned to sit in the car.
Donovan had gone with her to let her into the car where a music tape was played. His suggestion that they should kiss was refused by her but he started kissing her after letting back her seat.
Garda Monahan said Donovan partly undressed and removed some of her clothing. She covered herself with her arms but he pulled them away and struck her across the face before sexually assaulting her.
Garda Monahan agreed with Mr Devally that there was doubt about how much drink had been consumed by the party and there was a suggestion that one barman queried her age. She had some bruising on her cheek.
There was tension in the car on the way home but the others did not know why and as soon as the victim got out with her girlfriends she complained about what happened.
Garda Monahan agreed there had been originally a charge of rape but there was no evidence to support this charge. Donovan came voluntarily to gardaí and gave a statement.