Corkman who followed girl, 13, into bathroom and sexually assaulted her sent to jail

Judge said an aggravating factor was the big age gap between the parties

The victim was present in the courthouse at Cork Circuit Criminal Court with her mother but did not want to be present in the courtroom when the sentence was passed. Picture: Larry Cummins

A 33-year-old West Cork man who followed a 13-year-old girl into a bathroom and sexually assaulted her after she had become unwell from drinking alcohol with friends was jailed for five and a half years.

Judge Helen Boyle on Wednesday sentenced Edward Such to seven years in prison with the last 18 months suspended. He denied the sexual assault charge but was found guilty by a jury after a four-day trial.

The victim was present in the courthouse at Cork Circuit Criminal Court with her mother but did not want to be present in the courtroom when the sentence was passed. 

Her father and brother were present. Victim impact statements were handed into the court by the victim and her parents but they did not want them read publicly in court.

Judge Boyle said in the course of sentencing that the injured party suffered unfortunate consequences in that she lost friends and she felt some people did not believe her. She also felt at fault even though she did nothing wrong.

Judge Boyle said Edward Such was the only person who was entirely responsible for the sexual assault. The judge said as well as what was suffered by the victim, there was no doubt it was a dreadful experience for the parents to learn what happened to their child.

Judge Boyle commended the teenager’s bravery in bringing the complaint and following through with the evidence she gave in the trial.

The judge noted there was no issue with convicted man being named but no particulars identifying the injured party should be published. For that reason, some of the circumstances that gave rise to the parties being present in the same house on that night are not being reported.

Judge Boyle said an aggravating factor was the big age gap between the parties.

“This girl was 13 years old at the time. She was feeling physically unwell after consuming alcohol and you preyed on her and followed her into the bathroom. You touched and penetrated her vagina with your fingers.

Peter O’Flynn, defence barrister, said the accused had been doing well in prison and had an extremely dysfunctional background. He was homeless at the time of the sexual assault.

Mr O’Flynn said from a young age Edward Such had addiction issues and  was addicted to heroin.

Detective Garda Brian Morris of West Cork protective services unit said on the night of April 8 into the following Friday morning of April 9 2021, the 13-year-old was drinking alcohol with friends and began to feel unwell.

The evidence in the course of a four-day trial by judge and jury was that the accused entered a downstairs bathroom with the injured party and that he closed the door, placed his hand inside her pants and underwear and penetrated her vagina with his fingers.