Judge's comments reflect frequency of assaults on women, say groups

Judge Mary Larkin told Kilrush District Court: 'Whatever era you are from, you need to bring yourself up to date to say that you cannot conduct yourself like that. Picture: iStock

Women's rights groups have welcomed a district court judge’s description of suffering “inappropriate behaviour from men” with “no respect for women”. 

Judge Mary Larkin yesterday convicted a 56-year-old Clare man of sexual assault at Kilrush District Court, after he slapped a woman’s backside in a supermarket.

His solicitor, Michael Ryan, said his client “is a man of his era” and did not understand the laws of attraction when one party clearly indicates to the other that they are not interested.

Judge Larkin said: “You speak of this man being a man of an era, but let me speak to you as being a woman of that era.”

She said that “on numerous occasions [she] had to suffer inappropriate behaviour from men” who have no respect for women.

“That is what it comes back to,” Judge Larkin said. 

“It is a lack of respect [...] for the female gender. Men do not learn that you cannot touch or strike a woman — or anybody.

Whatever era you are from, you need to bring yourself up to date to say that you cannot conduct yourself like that.” 

National Women’s Council Director Orla O’Connor, welcomed the judge's comments, saying sexual assault is unacceptable in any era, no matter what the age of the perpetrator.

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“Women need to be able to go about their daily business without fear of being assaulted, in any way, shape or form,” she said.

“It is not acceptable for comments to be made like this in court.

“The fact the judge has called it out is a positive thing because that is exactly what’s needed.

“But at this point, it’s 2023, those comments should not be made in court in defence of somebody.

“We still are at the point in Ireland where we have to say ‘sexual harassment is wrong’, where any comment in defence of it is wrong.

“And particularly in our criminal courts where we know how difficult it is for women to come forward and challenge this behaviour through the criminal justice system, it’s important that this is respected and that comments like this are not acceptable.” 

Safe Ireland CEO Mary McDermott welcomed Judge Larkin’s upholding a zero-tolerance approach to the assault. Such assaults, she said, are a frequent experience for most women.

“As to the solicitor’s argument that the defendant is ‘of his era’. This line of defence belittles both the defendant’s intelligence and his self-entitled assault.

“It is precisely behavioural change that is required to maintain respect and equality — regardless of age, race, religion, or social status,” she said.