Cork rapist jailed for four years

A Cork man who raped a teenage girl after he and his brother spent €300 on cocaine and alcohol has been jailed for four years by Ms Justice Maureen Clark at the Central Criminal Court today.

Keith Walsh, a 27-year-old plasterer of Ardcullen, Hollyhill was found guilty on day-five of his trial in March during which the then 16-year-old victim said he was "on a buzz from cocaine".

Walsh agreed in evidence that he had consumed cocaine as well as alcohol but denied he raped the girl on October 23, 2005 and claimed they had consensual sex in the back-seat of his car.

Detective Garda Sean O’Donoghue told prosecuting counsel, Mr Diarmaid McGuinness SC (with Ms Roisin Lacey BL), prosecuting, that Walsh at first denied he met the complainant at all but later admitted it.

He said Walsh has 37 previous convictions, including one for possession drugs. Many of the convictions were for public order and road traffic legislation offences and one was for allowing his car to be used for a drugs offence.

Det Gda O’Donoghue agreed with Mr Conor Devally SC (with Mr Ronan Munro BL), defending, that Walsh’s parents were people of "impeccable character".

He agreed also that the victim had not incurred any significant physical injury in the rape.

Mr Devally said his client had "an unusual twin history" of always working but in recent years engaging in low-level lawlessness, perhaps due to intoxication. He had never before used violence towards anyone. His drugs conviction was for possession of a cannabis joint.

Mr Devally submitted that the rape arose mainly out of recklessness and lack of insight after kisses had been exchanged between Walsh and the victim.

He said Walsh’s fiancé has stood by him despite this matter and should that be maintained it might have a settling effect on him for the future. His parents will also accept him back to their home.

Ms Justice Clark declared him a sex offender pursuant to legislation and directed that he undergo two years post-release supervision "so that other women wouldn’t suffer from your lack of insight".

She noted the victim had indicated her consent with what she described as "shifting" (kissing), first in the front seat of the car and then in the back seat but had told him she did not want sex. He had told her she would enjoy sex and went ahead against her will.

Ms Justice Clark said that Walsh and his brother had spent €300 that night on cocaine and alcohol and drove while drunk though already having acquired a drink-driving conviction some days earlier.

She said Walsh was obviously a gifted plasterer with the ability to earn good money and was highly thought-off by his employer. He also came from a very stable, respectable family.

Ms Justice Clark said the victim impact report showed the girl now suffers from low self-esteem and has emotional problems, finding herself crying quite often and she had lost interest in her appearance.

"These symptoms are typical in these type of cases", she said.

Ms Justice Clark noted that Walsh continued to deny the rape and had shown no remorse and she hoped that in due course he would gain insight in his wrongdoing.

She said that in deciding on sentence she was guided by the recently issued analysis by Mr Justice Peter Charleton of rape sentences over the past 20 years and said it was her belief that Walsh’s offending fell into the lower range of prison sentences.

The victim described at the trial how she and two girlfriends took a lift from Walsh and his brother after midnight and after dropping off one girl, the rest of them went out into the countryside.

She said Walsh was on "a buzz" from taking cocaine. Walsh’s brother and the other girl got out of the car in a quiet area to smoke cannabis and Walsh drove on further with her.

She said that although she was happy to kiss him she told Walsh as they drove into the countryside that there was no need because she was "not going to do anything for him."

She had been kissing him but refused sex before raping her on the back seat of his car a short distance from where they had dropped her friend and his brother.

Ms Justice Clark said to Walsh’s parents and girlfriend at the end of the trial in March: "My heart goes out to you that you’ve had to listen to these details."

She also wished the victim and her mother the best for the future and said: "Thank you for being so brave."