Man who recorded videos of himself sexually assaulting sleeping woman jailed for seven years

Declan Brennan

A Wicklow man who recorded videos of himself sexually assaulting a sleeping woman has been jailed for seven years.

Philip Dignam (41) recorded eight videos depicting various acts of sexual assault on the woman while she was asleep or unconscious.

Details of the video and Dignam's comments during the assaults were provided to Justice Paul Burns during a sentence hearing at the Central Criminal Court.

Dignam of Lacken, Blessington, Wicklow pleaded guilty to two counts of sexually assaulting Kathleen Morris on dates unknown in 2020.

The case had gone for trial four times with delays mainly relating to the providence of the video evidence.

Garda Jessica Hargadon told prosecuting counsel Anne-Marie Lawlor SC that Morris and Dignam were in a consensual sexual relationship and would meet from time to time at hotel rooms around the city.

Dignam carried out the assaults while she slept and sent the videos to a phone handset previously used by the victim. Gda Hargadon said that the victim only became aware of the sexual assaults in 2022 when her then-partner had cause to use this handset and found the videos.

Justice Burns said Morris had decided to end the relationship she had with Dignam but it did not end amicably and as the judge said “he was not prepared for it to end”.

Justice Burns said it was clear from the recordings that Morris was asleep at the time and that Dignam committed these offences for his “own sexual gratification”.

Victim impact statement

He acknowledged the impact the offences had on Morris and said that her victim impact statement showed that she was “extremely stressed” in the hearings that occurred before the trial as she feared she would run into Dignam when he was on bail.

Justice Burns noted that Dignam told gardaí during interview that Morris had consented and that he had filmed her pretending to be asleep “by way of role playing”.

He took into account that Dignam had a conviction for possession of child abuse sexual material and had been given a one-year suspended sentence for that offence.

Mr Justice Burns said Dignam had “gone beyond what had been consented to” and had committed violations when the woman was not conscious.

“It is remarkable that he does not seem to appreciate how utterly wrong his actions were,” Mr Justice Burns said.

“His actions were a grievous breach of trust that a sexual partner should be allowed to have in her partner,” he continued.

He said the fact that Morris is still waiting for therapy means that she “may not be in a position to fully articulate the impact on her”.

Mr Justice Burns said the case warranted a headline sentence of nine years. He took into account Dignam’s cooperation with the garda investigation and accepted that while it was a late plea it was of “some value” and spared Morris the trauma of having to give evidence at trial.

Mr Justice Burns imposed a sentence of eight years in prison. He suspended the final year on strict conditions including that Dignam engage with the Probation Service for three years upon his release from prison.

Morris indicated that she wished to waive her anonymity to allow Dignam to be named in reporting of the case. She said she hopes that by doing so it may encourage others to come forward.

If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help. In the case of an emergency, always dial 999/112.