A Donegal man who sexually assaulted his partner’s best friend while she slept on a sofa in his home has been jailed for seven years.
Richard Walsh (32) of Lisminton, Ballintra, Co Donegal pleaded guilty last November at the Central Criminal Court to the sexual assault of the woman, who was in her 20s, at his then home on Main Street, Ballintra on December 13, 2020.
He has a previous conviction for defilement of a child under the age of 17.
Detective Garda Elaine Kelly told the court that on the night of the assault, the victim was out for dinner with friends, including Walsh and his then partner. The parties ended up going back to Walsh’s then home and had a few more drinks.
The victim had stopped drinking and later went to sleep on a sofa, wrapped tightly in a blanket. Another man in the group ended up sleeping on the floor of this room.
The court heard that the victim was woken by an uncomfortable stabbing pain in her vagina. She jumped up from the couch and Walsh put his head in his hands and began saying “I’m sorry” repeatedly. He ran into the kitchen and said: “I didn’t mean it, I’m sorry.”
The woman woke the other man and told him what had happened and she rang her mother who came to collect her. She appeared distressed and told her mother what Walsh had done.
Gardai were alerted and Walsh’s home was designated a crime scene and clothing was seized and analysed. The victim’s DNA was found on samples from underwear belonging to Walsh.
The victim told gardai, “I was definitely tampered with”, but that she wasn’t sure if he used his penis or fingers.
Walsh told gardai initially he had no memory of the events and later denied any sexual contact. He made some disparaging remarks about the woman to the effect that she was seeking attention.
When gardai put the DNA evidence to Walsh during interview he relied on his right to silence. Semen traces found at the victim’s genitalia was insufficient for a DNA profile.
At a sentence hearing today (Monday) Justice Tony Hunt said this was a serious sexual assault. He said that he believed the apology proffered by Walsh “carried little weight” and that his guilty plea was “compelled by the force of the independent corroboration (evidence) rather than any remorse”.
He set a headline sentence of eight years which he reduced to seven to take account of the guilty plea.
Referring to a Probation Service assessment in which Walsh denies any memory of the events, the judge said he would have considered a further discount if there had been acknowledgment of his actions or recognition of the victim and the effect of his actions on her.
He ordered that Walsh be subject to supervision for three years after his release from custody and that he notify the Probation Service of his contact details and engage in offence-focused work, including victim awareness.
Noting a defence submission that Walsh now finds himself “shunned in the locality” and a pariah, Justice Hunt said: “That’s rightly so; that’s brought about from his misconduct.”
At the hearing in November, the woman told the court that Walsh ruined her life that night and “every day of my life is a constant battle since the assault”.
She said the assault left her feeling damaged and disgraced and she suffered from serious depression as a result. She said as a result of Walsh’s actions, she lost her relationship with her best friend, who is now Walsh’s wife.
She said that for months after the attack, she could not sleep in the dark and she continues to suffer flashbacks and night terrors. She said she pursued the case for five years because she “truly couldn’t live the rest of my life knowing he could do this to another woman”.
Addressing her attacker directly, she said: “Today I get to speak out and tell my truth. You can no longer hide and pretend you did nothing wrong.
“I will no longer put my life on hold. I am strong and I am honest. I am not weak. You are weak. You can carry the burden of the shame. You did not break me.
“Today I have made a change. I have decided to let go. I let go of the pain and the suffering, the fear, and I am deciding to move on. I am going to live a meaningful and happy life because that is what I deserve.”
Justice Hunt commended her strength in giving her statement and said that the guilty plea by Walsh vindicated her. He said that his previous conviction for sexual offending complicated sentencing.
Counsel for Walsh said his client is a father of two who has worked in the Donegal area since the age of 16. He said Walsh is from a small village and “there will be an element of shunning by the community” when he is released from prison.
In a letter to the victim, read out in court, Walsh said: “I am sorry for what I have done and put you through. I hope you can recover from the trauma and hurt which I have caused you.”
Prosecuting counsel told the court that the woman does not accept the apology. Justice Hunt noted “he could have ‘fessed up a long time ago”.
Walsh was on bail at the time of this offence for an unrelated offence of defilement of a child under the age of 17. He was 18 when he carried out that sexual assault on December 23, 2011 but this victim only went to gardai in 2017.
Walsh told investigators that he thought this girl was 17, even though he knew her friends were younger, the court heard. He ultimately pleaded guilty to defilement and in January 2023 received a custodial sentence of one year and eight months.
Defence counsel noted his client’s previous conviction is an aggravating factor, but asked the court to give as much credit as possible for the guilty plea. He also asked the court to take into account the social stigma that Walsh will face on his release from custody.
The victim wishes to retain her anonymity but has no issue with Walsh being identified
