Waterford men jailed for assault on mentally impaired woman

Two Waterford men have been jailed at Dublin Circuit Criminal Court for two years for attempting to have sex with a mentally impaired woman.

The court heard that both men cheered the victim on as they attempted to have sex with her in a car after the three had been drinking all day. She later told gardaí she had tried to resist the men.

Liam Kavanagh (aged 49) and John Paul Quinn (aged 28), both of New Houses, Clonee Power, Rathgomack, Carrick-on-Suir pleaded guilty to attempting to have sexual intercourse with the 26-year-old woman in Waterford on October 26 or 27, 2003.

Judge Katherine Delahunt noted that both men are of “a low level of intelligence” but “had a clear understanding of what was happening.”

“You were both aware that this was a girl who was described by yourselves as ‘half-simple’”, she told the men.

Sergeant Oliver Baker told prosecuting counsel, Úna Ní Raifeartaigh, the victim suffers from mild mental retardation. He said she is easily led, has poor judgment and could not live on her own. According to doctors, her mental level was that of an “immature twelve-year-old” and this would have been obvious to a stranger.

She was visiting her friend on a bank holiday weekend and they went out to a pub where she called Quinn and told him to come down. Kavanagh also joined them and the group moved from pub to pub, drinking throughout the day.

Sgt Baker said she was drinking heavily and “the worse for wear” by that evening. In one pub she vomited on the floor and they were told to leave.

At one point, the men were making fun of her and there was some “sexual banter” which caused her to cry and run to the bathrooms.

At the end of the night some of the group got in a taxi but there was no room for the woman and she accepted a lift home with Kavanagh and Quinn.

Instead Kavanagh drove them to a wooded area where Quinn attempted to have sex with her. He was on top of her as she told him to stop and tried to push him off.

She said Kavanagh was sitting in the driver’s seat laughing and shouting to the victim, “come on ..... come one” She said this lasted for about 15 minutes at which point Kavanagh pushed her into the back seat and attempted to have sex with her.

This also lasted for about 15 minutes and she said during it, Quinn was also shouting, “come on..... come on”

After the incident the victim remained in the back seat and Kavanagh drove her home.

Over the next three weeks, her parents noticed a change in her behaviour. They said she was hard to live with and very agitated. One night she was having an argument with her father when she told him about the incident.

He called gardaí and both men were arrested on December 18. The woman was medically examined but there was no evidence of penetrative sex.

Quinn admitted his role immediately and accepted she had not consented to sex. He said he knew she did not have the maturity of a normal person and that he thought she was “half-simple”. He added that he “felt sorry for her.”

Kavanagh initially claimed he had fell asleep and awoke to find Quinn on top of her but later admitted he also tried to have sex with her. He said it was the first time he had met her and thought she was “a bit slow”.

He said he knew it was not right and felt “horrible about it”.

A victim impact report from the woman's parents stated their lives had been "hell" since the offence and the incident nearly destroyed their family. They said the woman was very depressed about it even years later and could not discuss it without breaking down.

Richard Lyons SC, defending Kavanagh, said he was separated father of five who suffered from a mild mental handicap. He said he was the sole carer for the children after his ex-partner left him 10 years ago for another man.

He suffers from a heart condition which requires regular hospitalisation and is on the standby list for a bypass operation.

James Kennedy SC, defending Quinn, said he is a farm labourer with a very low IQ. He was described as an “easily led” but honest man with a good character.