Mayo ‘satan worshipper’ sentenced for rape of teenager

A Mayo man who was described during his trial as a "Satan worshipper" has been given a nine year prison sentence for of kidnapping a teenage girl and raping her in his bedroom three years ago.

Barry Fox, aged 20, a father of one of Morrison Terrace, Ballina, was convicted by a Central Criminal Court jury in July by 11-1 majority of raping the victim and by 10-2 majority of falsely detaining her.

The jury also convicted him unanimously of assaulting the now 19-year-old victim causing harm on the same occasion, May 3, 2004 but disagreed on two further charges of attempted rape and sexual assault. The jury returned its verdicts following just over five hours deliberation.

The victim told Mr Justice Peter Charleton that she wanted Fox named in media reports. "I have made my mind up on that because of things that have been said about me," she said after he asked her if that was "advisable" as it might tend to identify her.

Mr Justice Charleton noted that by his conviction Fox had lost his legal right to anonymity.

Mr Justice Charleton told Fox that the victim had acted with "fortitude and courage" throughout two trials unlike him. He had exercised his constitutional to a trial but if he had pleaded guilty he might have benefited from a lower tariff that the court could have imposed and his sentence might be finished about now

"Her life has been completely disrupted by your actions," he said and added that from a recent visit he made to prisons his observation was that they "are such a waste of life despite the best efforts" of all connected with running them.

"The reality is that you’re simply being warehoused," Mr Justice Charleton told Fox whom he said grew up "with the absence of a father figure in your life."

Mr Justice Charleton said the reports indicated Fox was of lower average intelligence but in his view the "glib answers" he gave to gardaí showed "plenty of intelligence".

Mr Justice Charleton told Fox the court had a duty to offer him some hope in the future and would suspend the final two years on condition that he partake in a sex offenders’ treatment programme before his release . If he failed to do so he would serve the two years.

He directed also that Fox undergo two years post-release two supervision and again if he failed to do so he faced further imprisonment and a €1,000 fine. "I urge you not to waste your life in future," he told Fox.

Mr Justice Charleton also directed that Fox should be registered as a sex offender and he refused leave to appeal conviction and sentence.

Detective Sergeant John McCormack told prosecuting counsel, Alexander Owens SC (with Martina Baxter BL), that the then 16 year-old school girl’s 10-hour ordeal began after she returned to the rapist’s home following a spell at a disco, believing his girlfriend would be present.

A group of young had been drinking there before they went to the disco but she found herself alone with him and he refused to let her go home until he had sex with her. He locked the door, took her mobile phone from her and put it in his pocket.

She described in detail in evidence over two days how he threatened her with a knife and knuckle-duster, head-butted her, thumped her and finally raped her.

Det Sgt McCormack said Fox had no previous convictions and lived with his mother and siblings at home. He was unemployed at the time of the crime and there was evidence that his motive for raping her might have arisen from the victim "rebuffing" an approach he made to her.

Det Sgt McCormack agreed with defence counsel, Mr Bernard Madden SC (with Mr Niall Buckley BL), that Fox answered all the garda questions when arrested.

The victim said the case had been going on for some years and she wanted finality so that she could get on with her life. She said she had some recurring thoughts of the knife and 'knuckle-duster' used by Fox.

"I was in shock after he raped me. I was very depressed and couldn’t believe it had happened."

She said she didn’t leave her house for some time afterwards and suffered panic attacks. She had a boyfriend at the time but couldn’t stay with him "because I didn’t want any intimacy and couldn’t be close to him."

She found her studies difficult as Fox’s girlfriend was in her class at school and she would talk loud about it and wear his clothes to school. She couldn’t concentrate on her studies and left school.

She said she had been going to counselling from about 10 days after the attack and was still going there. "For the last three-and-a-half years I have just been waiting for this to be over because I want a clean start."

Mr Madden submitted that the court should take his client’s age at the time of the offence into account, as well as family background and that he was of lower average intelligence.

Mr Madden said the court should also take account of his rehabilitation in the future. "The matters that can be taken into account for mitigation are limited due to the attitude he has adopted of pleading not guilty."