Court jails Clare rapist for 10 years after appeal

A callous rapist who intimidated his victim after walking free from court today began a 10-year jail term.

The Director of Public Prosecutions appealed the leniency of the original three-year suspended sentence handed to Adam Keane for his attack on mother-of-three Mary Shannon as she slept in her Co Clare home in May 2005.

The 20-year-old bricklayer, also from Clare, controversially walked free from court last March showing little sign of remorse.

His traumatised victim waived her right to anonymity when Keane, who travelled home on the same train as her, flicked a cigarette butt at her.

The rapist was ordered back to court and, lifting the suspension, trial judge Mr Justice Paul Carney branded the intimidation a triumphalist gesture.

The Court of Criminal Appeal upheld the DPP’s challenge and Chief Justice John L Murray presiding also had harsh words for trial judge Mr Justice Paul Carney.

Increasing the sentence by seven years, Mr Justice Murray said rape was a grave physical assault.

Ms Shannon, aged 33, lived in a housing estate in Ennis with her three young children. The deaf mother woke in bed to find Keane, who she knew, raping her.

“If there is one place in everyday life that a person needs to, and is entitled to, feel safe and secure it must be in his or her own home at night. This must be 10 times more true for a mother responsible for three young children asleep in bed,” the Chief Justice said.

“The respondent has been found criminally responsible for invading her family home and raping that young mother in her own bed with her children sleeping nearby.”

Handing down the initial suspended sentence Mr Justice Carney, the country’s most experienced criminal judge, warned Keane’s lawyer an appeal by the DPP was likely.

“The Director is very trigger happy in relation to appeals on the grounds of undue leniency,” Mr Justice Carney said.

The Chief Justice ruled that was an unfortunate comment which may have trivialised or shown a lack of respect towards appeals.

Keane pleaded not guilty at the trial. He claimed he had blacked out after drinking and taking the lethal ecstasy ingredient MDMA, and could not remember anything.

Ms Shannon moved back to her parents’ house after the rape and stayed in bed for six weeks.

The Chief Justice said the rape, and where it occurred, had lasting and devastating effects on Ms Shannon and negative consequences for her children.

He said a suspended sentence would be a rare and exceptional departure from the norm and he increased the jail term to 10 years with the final three suspended.

“The offence of rape is one of the gravest offences against society and the human integrity of the victim,” the Chief Justice said.

“Any idea that a man can trespass by stealth into a home at night and rape a woman, and mother, taking advantage of the fact that she was asleep in her own bed, can be treated as other than an aggravated form of rape should be set at nought.”

Keane is also on the sex offenders register.

Outside the court Ms Shannon’s sister Sarah made an emotional statement on her behalf.

“I hope today’s is a positive result and encourages other victims of sexual assault to come forward and seek justice,” she said.

“Although it has been a long road to today’s deserved justice, I feel that after today’s verdict it has all been worthwhile.

“I feel hopeful that in the future no rapist should ever be able to walk a free person from court without serving a custodial sentence after a verdict of guilty has been passed.”

She praised the media and gardaí for their support and called on the Minister for Justice Brian Lenihan to rectify “the serious flaws in our justice system”.

“This is the only way it can be ensured that no victim has ever to go to the lengths I had to fight for justice,” she added.