Former army captain who sexually assaulted female soldier loses appeal against dismissal

Ross O'Shea claimed a sexual assault on a female solider was an 'aberration' in an otherwise 'glittering career'

Ross O’Shea was found guilty by a General Court Martial in October 2022 of sexually assaulting a female non-commissioned officer following a social function at a barracks in Leinster on June 25, 2020. File picture

A former army captain who claimed a sexual assault on a female solider was an “aberration” in an otherwise “glittering career” has failed in his appeal against his dismissal from the Defence Forces.

Ross O’Shea was found guilty by a General Court Martial in October 2022 of sexually assaulting a female non-commissioned officer (NCO) following a social function at a barracks in Leinster on June 25, 2020. 

He was tried in September 2022 before Military Judge Colonel Michael Campion and a court martial board.

The former army captain was convicted on October 14, 2022 of sexually assaulting the woman by moving his open palms up and down her back saying “come on, come on” or words to that effect at the officer’s mess. 

He was also found guilty of one charge of assault against the same officer contrary to Section 2 of the Non-Fatal Offences Against the Person Act 1997 by moving towards her in a manner that caused her to apprehend an assault.

His dismissal was ordered as part of the sentence imposed on these two charges.

A custodial sentence of six months detention in the Curragh Camp was also imposed but this was suspended for a period of one year.

O’Shea was charged and tried before the Court Martial with a total of 18 offences.

He pleaded guilty to five charges, including charges of conduct contrary to good order and two charges of assault against two female NCO officers contrary to Section 2 of the Non-Fatal Offences Against the Person Act 1997. 

He was convicted of two other charges — sexual assault and a section 2 assault — and acquitted of a further seven charges while four more were withdrawn during the trial.

The offences occurred when the former army captain attended a barbecue hosted by the covid joint taskforce during a lockdown period in the pandemic. 

O’Shea had been brought to the officer’s mess by two female NCOs after he had been found asleep and in a state of inebriation sitting in a chair outside a gymnasium where the barbecue had earlier been held.

Delivering judgement at the Court of Appeal on Tuesday, Mr Justice John Edwards said the military trial judge had approached the issue with great care and gave “detailed” and “cogent” reasons for concluding that dismissal was required in the circumstances of this case.

'Highly relevant facts'

He said the fact O’Shea was an officer in a disciplined force, and that he “fell short” of the standards and personal qualities expected of him, were both “highly relevant facts”.

Mr Justice Edwards accepted that the sexual assault in this case was non-penetrative and that the physical contact involved amounted to “unwelcome touching” accompanied by remarks bearing a “sexually suggestive innuendo”. 

He said the Section 2 assault was confined to the causing of apprehension of unwelcome physical contact.

However, the judge said assessment of gravity involves a combination of both culpability and harm done, going on to note: “What cannot be gainsaid is that the psychological impact on both victims was significant and lasting.” 

Mr Justice Edwards went on to note that if these matters had been before a civilian court, it was possible they may have been deemed as meriting a non-custodial sentence.

However, he said the fact the offences occurred in the military context “changes the calculus”.

He said the military judge had suggested O’Shea’s conduct was not only criminal in nature but was “corrosive of discipline in the Defence Forces”. 

He said the military judge’s conclusion that O’Shea’s conduct could not be reconciled with continued service as an officer of the Defence Forces was justified.

Speaking outside court after the judgement was delivered, O’Shea’s two victims said they welcomed the court’s decision to uphold the former army captain’s dismissal from the Defence Forces.