Ex-soldier 'should receive long sentence', alleged victim tells court

A former soldier who tried to force a disorientated woman to give him oral sex should receive a long prison sentence when he is sentenced in two weeks, according to his victim.

Thomas Dalton (aged 28) of Deerpark House, Baltinglass, Wicklow was convicted of sexual assault last March following a eight-day trial. He was acquitted of the related charge of oral rape on the woman.

He had pleaded not guilty to charges of oral rape and aggravated sexual assault of the woman in a laneway in Kilkenny City on April 1, 2005.

The jury of five women and seven men took five hours and 38 minutes to return their verdict of not guilty of aggravated sexual assault but guilty of sexual assault on day eight of the trial.

At his sentence hearing, Mr Justice George Birmingham heard a victim impact report from the girl stating she believed he should have been convicted of the oral rape and should receive a long sentence. The judge commented it was not the report's function to say what sentence should be imposed.

The woman said she became a "nervous wreck" after the attack and had to move house because she was afraid of Dalton. She said Dalton had never apologised or expressed remorse and that she felt she was the one on trial rather than he.

She said she had heard about cases similar to hers where the attacker has gone on to commit further offences and that Dalton should get a long prison term.

Mr Justice Birmingham said he needed some time to consider a sentence and remanded Dalton in custody until later in the month.

Garda Francis Duffy told prosecuting counsel, Mr Ronan Kennedy BL, that the victim was walked to a local disco by her boyfriend. She met some friends inside and had several vodka and cokes and two shots of spirits. Later she became very disorientated and decided she wanted to go home.

She left the disco through a back entrance but later had no recollection of this. A friend saw her walking down the laneway with a man he assumed to be her boyfriend. She could not recall getting home but said when she reached her front gate she realised a man had attacked her in the laneway beside her house.

She said she remembered being pushed down the lane by Dalton and that she cried and pleaded: “Don't do anything.” He exposed himself and pulled her towards him. She shouted for her boyfriend to help her. She said he was also touching the top of her tights.

When she was examined later, she had scratches and bruises on the top parts of her legs and there were tears in her tights.

Gardaí began an investigation and found that Dalton had been ejected from the club eight minutes before the attack. They interviewed him but he denied everything. They later found DNA on some false nails that had fallen off the victim as she was attacked.

This DNA matched Dalton’s and he was arrested.

He said she had kissed him and voluntarily performed oral sex on him in the laneway before inviting him back to a house. He claimed he did not mention this initially because he did not realise how serious it was.

Garda Duffy said Dalton had 16 previous convictions for theft, road traffic matters and perjury.

Defence counsel, Mr Michael O’Higgins SC, said his client was the father of two young children and was in a relationship with their mother. He said he had joined the army after leaving school and served with the equestrian unit before leaving and setting up a landscaping business which now employed four people.

He said he had four county medals with Baltinglass GAA Football Club and had an all-Ireland medal in long-distance running.