Prison sentence for chef who sexually assaulted housemate in Kildare

A MARRIED chef who sexually assaulted a housemate in shared lodgings in Co Kildare was sentenced to 11 months and placed on the Sex Offenders’ Register for the next two years.

The defendant – who cannot be named in case the injured party could be identified — appeared at a closed-door session of Naas District Court this week (5 November).

He was accompanied by his wife and pleaded guilty to a single count of sexual assault at a given address on 13 February 2024.

The address was described as a three-bed duplex, in which the landlord had placed an extra two beds – one of these the victim’s - into the living room to increase revenue.

Detective Garda Christine Brady laid out the facts for Judge Desmond Zaidan.

“(Injured party) was in the apartment on her own on the night in question, when she heard a knock on her door at 10.30pm, then (the defendant) looked in, came in staggering, smell of alcohol, told her she looked beautiful,” said Det Brady.

“He then laid on her bed, told her he’d like to lick her private parts, he tried to hug and kissed her, then touched her vagina outside the trousers.

“(Injured party) had only been in the country five days, but she rang a friend who rang the guards,” she said. 

Det Brady explained how both defendant and victim had immigrated into Ireland from different countries to work, that he had worked in a Kildare hotel at the time, but was now working outside the county.

She explained how victim was in court with a friend “because she has no family here in Ireland”, and stressed there was no no romantic connections between the two parties.

The injured party read out her Victim Impact Statement (VIS) in court and the judge asked: “how has this affected you?” 

“Fear, shame, sadness, loss of trust, lack of sleep and panic attacks,” she said.

“It has affected my relationship with my family and severely affected my confidence.

“When I’m alone in the house, especially at night, any noise makes me feel unsafe.

“I’m going through a great deal of stress, and it’s affected me emotionally and mentally.

“I’m still trying to understand, and my family (in home country) is also struggling with emotions.

“It has affected my work and personal life. I’ve felt isolated, and the trauma has affected how I see the world.” 

The judge asked: “Are you still in the same house?” “No. I’ve moved,” she said.

“And you’ve sought help from Victim Support?” she asked “Just in court,” clarified a representative of the organisation.

“The garda has given her a number for the Rape Crisis Centre.” 

Defending solicitor David Powderley said: “He has made admissions, there are some things he cannot remember, but he has adhered to his (bail) conditions, has never missed a court date, and his wife has accompanied him each time.

“He has no previous convictions, and he will be offering apologies.

“He’s extremely sorry for what he’s done and has heard the VIS which was measured and fair.

“He had feelings towards (the injured party) which he wasn’t entitled to and has limited experience with alcohol.

“His actions were very inappropriate but were outside the clothes.

“You’ve accepted jurisdiction – which doesn’t minimise the circumstances – and I have a (37-page) psychological report on my client which I will hand in to the court.

“His wife does not approve of his actions, he has put his marriage in difficulty, and his whole life in jeopardy.

“I’d be looking for a non-custodial sentence, and my client wishes to make a (€4,000) gesture, though not to minimise the circumstances.

“He has offered an unreserved and genuine apology, and we would seek an alternative to a prison sentence,” said Mr Powderley.

After a brief consultation with the injured party, Det Brady told the court: “Ms (redacted) does not want to take the money”.

Judge Zaidan began summation.

“The DPP directed ‘summary disposal’ but sexual assault in any guise is a serious offence, and the circumstances here is at the upper end of seriousness,” he began.

“I accept he wasn’t the master of his own mind at the time, but the nature of the offence aggravated the effect on (redacted) and still is, significant.

“This took place within five days of her moving in, in her home, a place where she should feel safe.

“It was a significant breach of trust, one the victim did not encourage, but with which he somehow persisted.

“The victim has left her parents, husband and kids in (home country) to support them in Ireland”.

He then re-iterated some of the lines from the VIS that stood out to him.

“It continues to affect my sense of peace and well-being … I struggle with concentration, motivation and routine.” 

The judge had read the 37-page report on the defendant, and though deemed “low risk of re-offending”, he believed “the aggravating factors outweigh mitigation” and sentenced the defendant to 11 months in prison, put him on the sex offenders’ register for two years, but backdated this to 15 January.

The judge explained he could not sentence beyond two years in the district court because his hands are tied by present legislation.

He set recognisance at €2,000, which was paid in the afternoon, and will allow him to walk free until his sentence appeal in the circuit court.