A Brazilian man who left a woman severely injured in a laneway after raping and assaulting her has been jailed for 13 years.
Rafael Tiso, aged 31, was captured on CCTV leaving a nightclub with the intoxicated victim and walking with her down a side street before going into a lane with her. He left the lane 40 minutes later and returned to drink in the same bar for over an hour.
A passer-by heard a moaning noise and discovered the woman lying on the ground between a truck and a car, with her legs spread apart. The man believed the woman was dead at first.
He saw blood on the ground beside her. The woman’s clothing and hair were soaking wet. Gardaí were alerted and the woman was taken to hospital.
The 23-year-old victim, who can not recall anything of the incident, suffered a deep tear to her rectum.
Tiso, who was living in rented accommodation at Offaly Rd, Cabra, Dublin pleaded guilty at the Central Criminal Court to rape, oral rape, aggravated sexual assault, and assault causing harm to the woman at Montague Lane, Dublin, on January 18 this year. He has no previous convictions and has been in custody since his arrest.
Ms Justice Isobel Kennedy said this was a violent and callous crime perpetrated on a vulnerable, inebriated young woman. She said the victim’s restrained impact report showed how the attack would affect her for the rest of his life.
She said the fact Tiso had left the woman in such a dreadful state and the severe emotional and mental impact of his attack were aggravating factors.
She suspended the final year of a 14-year sentence on condition that Tiso leave the State on his release for a period of 10 years.
Garda Chris Fitzgerald told Martina Baxter, prosecuting, that gardaí began an investigation and recovered the CCTV footage showing Tiso with the victim.
Tiso, who was working as a rickshaw driver in the Harcourt St area, was nominated as a suspect and interviewed. He claimed he had consensual sex with the woman.
Tiso told gardaí in his final interview he really regretted taking advantage of her.
Ms Justice Kennedy said the physical damage caused to the victim was appalling. She had been advised that she should not give birth naturally in the future as a result and she may also suffer complications at menopause.
In her victim impact report, the woman said “something terrible happened to me”, saying it was like “an episode of a horror series”.
She said she sometimes felt as if she is in a nightmare and tried not to think about what happened.
She said she would like to “delete that day” and described “a daily fight between going forward or making a martyr of myself”.
Caroline Biggs, defending, asked Ms Justice Kennedy to accept that her client’s actions on the night were “utterly out of character” and suggested he may not have been used to drinking heavily and had eaten very little that day.
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