A KILDARE man who told a young mother to consider whether she wanted to "live or die" during a rape attack has been jailed for five years at the Central Criminal Court.
Liam Scully (26), of Lipstown, Narraghmore, pleaded guilty to raping the 20 year old woman at Bullhill, Calverstown, Co Kildare, on October 31st, 1994.
He originally pleaded guilty in May but last month Mr Justice Carney said he had "retreated" from this plea and made a "cowardly" suicide threat.
Mr Justice Carney said on two occasions Scully told his probation officer he was not blameworthy and described himself as the victim rather than the wrongdoer. He also made an unexplained reference to a "rope", threatening to kill himself if jailed.
The judge suggested that, in light of these claims of innocence, the case should be tried by a jury. But, when the case came back be fore the court, Scully pleaded guilty for a second time.
Sgt Kevin O'Neill told prosecuting counsel Mr Joseph Mathews SC that the woman had been out with friends and Scully joined the company.
Later, the victim accepted a lift from Scully, thinking she would be dropped home before two male passengers who were also in the car. However, Scully left them home first and drove to a laneway, where he attacked her.
Warning her to obey his commands, he told her to consider whether she wanted to live or die. She thought she would be killed and pleaded for her life, the court heard.
After the rape, Scully left her home and she immediately raised the alarm. When arrested Scully co operated and admitted the offence.
In reply to defence counsel Mr Seamus Sorahan SC, Sgt O'Neill said Scully had no previous convictions and he was not suspected of any other sex attacks.
Outlining the effects of the rape on the victim, Mr Mathews said the young woman suffered depression, loss of confidence and weight gain of four stone.
She had also feared contracting a sexual disease but this had proved unfounded. Her personality had changed but it was hoped she was improving with the support of her family and boyfriend.
Mr Sorahan said Scully had drunk 14-15 pints of alcohol on the night of the incident and was remorseful for his actions. He asked for leniency.
Imposing sentence, Mr Justice Carney said the courts could not accept suicide threats made by accused persons.
The final two and a half months were suspended to take into account time Scully has spent in custody.