Man pleads guilty to drug-fuelled rape

A Westmeath man who raped a woman in a Longford pub carpark after a heavy drinking bout combined with 'ecstasy' and cannabis has been jailed for six years by Mr Justice Paul Carney.

A Westmeath man who raped a woman in a Longford pub carpark after a heavy drinking bout, combined with taking ecstasy and cannabis, has been jailed for six years by Mr Justice Paul Carney.

Marcus McHugh (aged 23) of Christianstown, Collinstown, Mullingar pleaded guilty at the Central Criminal Court to raping the victim anally, orally and vaginally on November 9, 2007, when he also threatened he would kill her.

His mother, Ms Caroline Cowdy, told Mr Justice Carney she held herself responsible for her son being in court because, she said, she had been "physically and emotionally abusive and violent" towards him and his father before she left the family home.

"I was a very bad mother to him," she said.

Mr Justice Carney directed that McHugh's name be added to the register of sex offenders and said he rejected Ms Cowdy's acceptance of responsibility for her son's crimes.

"This case is typical of so many that come before these courts of young people of previous exemplary character who leave home with no evil intent but then consume large quantities of alcohol and drugs and end up on serious rape and even homicide charges before the court," he said.

Mr Justice Carney said that society extended little sympathy to people who found themselves in this situation. He said that balancing all the aggravating and mitigating factors as best he could - "including a very credible threat to kill" - he imposed six-year concurrent sentences and directed that McHugh undergo four years of post-release supervision.

Sergeant Gerry Newton told prosecuting counsel, Mr Desmond Dockery BL, that the victim came to the garda station in a hysterical state. She had some drink taken but was not drunk and told gardaí she had been raped by a man she met earlier in a Longford late-night venue.

Sgt Newston said McHugh had indicated to her that he had a vehicle in the carpark with which he could offer her a lift home after asking her if she "wanted a good ride".

McHugh walked with the victim to a carpark behind apartments and she formed the impression he lived in them but realised when they got there that he did not.

When she asked McHugh about his "car" he hit her on the head and told her to lie down. He then forced her trousers down and raped her vaginally while telling her she was a tramp and urging her to call herself that as well.

Sgt Newton said McHugh then forced her to perform oral sex on him on her knees after which he anally raped her.

She was crying throughout her ordeal. The man told her to shut up or he would kill her when she asked him to stop. He made the kill threat several times during her ordeal.

Sgt Newton said McHugh also told her to start sucking two of her fingers and to put them in his mouth while he masturbated himself.

The victim then used the ruse of suggesting they get a room in a hotel and he agreed to go with her. She gathered up particles of her clothing and made good her escape when the started walking from the carpark.

Sgt Newton said the woman told gardaí: "Throughout the time I was in that carpark with that man I really thought I would be left for dead."

Medical examination of the victim showed injuries consistent with her being hit with his fist and other marks consistent with her complaint.

Sgt Newton told Mr Dockery that a used condom was found at the scene, as well as bloodstains. CCTV footage led gardaí to McHugh who when arrested some days later said: "I didn't rape her. We shifted (kissed) for a while and went down a laneway where I [performed hand relief on] her. That's all."

McHugh then admitted in later interviews that he raped her and accepted that the contents of her statement were true but denied that she asked him to stop. He denied he threatened to kill her.

Sgt Newton agreed with defence counsel, Mr Patrick Gageby SC (with Ms Mary Rose Gearty BL) that McHugh had consumed "a substantial amount of alcohol" of at least 12 pints and some 'shorts' as well as ecstasy tablets and cannabis that night.

McHugh expressed remorse for his crimes at an early stage and indicated he would be pleading guilty. He had no previous convictions and was working as a plumber.

Gda Colette Conlon told Mr Dockery that the victim was very upset and traumatised when she took her statement of complaint.

Gda Conlon said that in her victim impact statement the teenager said she still could not talk about her ordeal or attend counselling. She had given up her study course and was now afraid to meet or trust men.

"When he told me he was going to kill me I believed him," she said.

The victim said she still "woke up with bad dreams" and her stomach turned whenever she heard the word "rape" mentioned. She said she was "not the same person I used to be" and cried a lot. "I'm now a very sad person."

Mr Dockery told Mr Justice Carney that the Director of Public Prosecutions considered the case to be "at the upper end of the middle-range" for sentencing which he thought should be in the six-to-eight years region.

Mr Dockery said the DPP considered the aggravating factors included "an element of premeditation" in that McHugh lured the victim to the carpark on basis he lived there and then struck her causing injuries before he raped her.

Mr Dockery said the mitigating factors included his early guilty plea and remorse, as well as not having any previous convictions.

McHugh said from the witness box: "There is nothing I can say other than how sorry I am. Obviously she has suffered from what I have done."

Ms Cowdy told Mr Gageby that her son was "a very troubled young man" and that she was "responsible for him sitting here" in court. "I was a very bad mother to him," she said.

"I was physically and emotionally abusive and violent to him and his father."

Ms Cowdy said she separated from McHugh's father when he was 11 years old and went to Canada where she established a new relationship. She said that while her son was at school she would meet him regularly in person in holiday times and they maintained constant phone contact.

She said she had a Canadian university degree in social work and was finishing a masters degree in counselling.

Mr Gageby said a number of young persons who were his friends and other people had provided testimonials for McHugh which indicated that his behaviour in this case was not normal for him.

"His family background and the combination of drink and drugs have played a major role in this matter," Mr Gageby said.

He said he would agree with the DPP that the case fall towards the top of the medium range for sentence but would not agree that McHugh's action was totally premeditated and that taking all things into consideration he believed the court should ameliorate sentence downwards.