Man jailed after sexual abuse of woman in swimming pool steam room

In a victim impact statement read to the court by the investigating garda, the woman said she felt embarrassed and could not believe what had happened. File picture

A man who sexually abused a vulnerable woman in a swimming pool steam room has been jailed for six years.

Akbar Moqadar, aged 36, was convicted of one count of oral rape in August 2022 following a Central Criminal Court trial last December.

Moqadar, with addresses in Greenwood Estate, Togher, Co Cork and Glenworth Street, Limerick, Co. Limerick, continues to maintain his innocence. On Monday, he was handed a sentence of seven years with the final 12 months suspended.

As there is no connection between Moqadar and the woman, he can be named without affecting her right to anonymity. At an earlier sentence hearing, Mr Justice Patrick McGrath directed that nothing should be reported which could identify the woman, who has an intellectual disability and is vulnerable.

In a victim impact statement read to the court by the investigating garda, the woman said she felt embarrassed and could not believe what had happened.

She said she “can't understand how any strange man would do that to me”. She said he “ruined everything” for her, and that she worried about seeing the man again.

The woman said her life has changed, her independence has been affected, and that she has not been to this swimming pool since the incident.

The court heard evidence that the woman was going swimming at a pool in Clare in August 2022. She went to a steam room at the pool and while there, encountered Moqadar.

He exposed his penis to her, then told her to suck it and she refused. He then used his hand to push her head towards his penis, then orally raped her. She said he didn't hurt her, but kept pushing her head.

The woman pulled away from him and he blocked her momentarily from leaving. She had a retching reaction and he asked her if she was going to be OK.

Afterwards, she sought support from a female lifeguard but didn't tell her any details. She disclosed what had happened to a social worker the following day. A report was immediately made to gardaí and a specialist interview later took place.

As part of the investigation, gardaí obtained Moqadar's details from the swimming pool. CCTV from outside the steam room showed the movements of Moqadar and the woman before and after the incident, which lasted approximately eight minutes.

Moqadar admitted being at the swimming pool when interviewed by gardaí. He initially said that it was consensual, then later changed his position, saying they didn't touch each other.

The court heard that Moqadar is originally from Afghanistan and came to Ireland in 2018. He has one previous minor unrelated conviction from France.

The garda agreed with defence counsel that Moqadar didn't know the woman before this incident, and she didn't know him.

It was further accepted that Moqadar complied with his bail conditions, engaged with the trial process, and has been in custody since his arrest.

Counsel told the court that Moqadar is married and his wife and child remain in Afghanistan. He had been working and sending money to them.

Moqadar has some mental health issues. Counsel said Moqadar has limited English and asked the court to take into account that his time in custody will be more challenging as a foreign national.

Defence counsel also submitted that this incident took place over a short time period and that his client would not have been aware that the woman has an intellectual disability. He noted his client has no relevant previous convictions and is assessed at average risk of re-offending.

The court was told that if a part-suspended sentence was imposed with the condition that Moqadar return to Afghanistan, he would be willing to do this.

Imposing sentence on Monday, Mr Justice McGrath noted the “grave effect” of the offence on the woman, including the impact on her independence.

He said the court accepted the defence's submission that Moqadar could not be sentenced on the basis that he knew the woman had an intellectual disability. The judge noted the incident took place in a steam room, its short duration, the steam, and relative lack of light.

The judge set a headline sentence of eight years, which he reduced to seven years to take into account the difficulties for a foreign national serving a sentence in this jurisdiction.

Mr Justice McGrath suspended the final 12 months of the seven-year sentence for three years and placed the man under the supervision of the Probation Services post-release. The sentence was backdated to last December when the man went into custody.