A man has been convicted of sexually assaulting a woman while she was asleep.
The man (38), who cannot be named for legal reasons, had pleaded not guilty at the Central Criminal Court to sexual assault at a place in south Dublin in the early hours of the morning of May 13th, 2018.
Following a trial and after deliberating for just under eight and a half hours, a jury returned a verdict of guilty by majority.
Ms Justice Karen O’Connor thanked jurors for their service. She remanded the convicted man on continuing bail and adjourned the matter for sentence to May 16th, next.
During the trial, the complainant told the jury that on May 12th, 2018, she and her roommate went to a city centre pub where they met the defendant. She said she had met him a few times as part of a wider group but she did not know him.
The complainant said that as part of a group they went to another pub where she and the defendant had their first proper conversation. She said they chatted and kissed in the beer garden.
She said the bouncer ushered everyone to leave the pub and she realised she had left her jacket at the bar with her roommate. She said the defendant asked her if she would like to go back to his home and she said yes.
The complainant said that after they arrived to his home, he got a message from her roommate asking if she had her purse and she realised she did not have her phone as it had been in her jacket.
She said there was further kissing while they were on a couch together which was “more intimate or forceful” than what had happened in the pub, but that at that point she was content and comfortable with that. She said they then moved to his bedroom.
The complainant said she could not recall if she removed her jeans or if he removed them, but that he digitally penetrated her and performed oral sex on her. She said he asked her to perform oral sex on him and she said no, and he then said he wanted to ejaculate inside her.
She said that at that point she said she did not want to have sex and said they did not have condoms and she was not on any form of contraception at that time.
The complainant said she fell asleep, but woke up with him on top of her and groping her breasts. She said she was not wearing her top and could not recall how it had been removed.
She said she told him to stop and get off her and she remembered being confused and annoyed. She told him it was weird he had done that while she was clearly asleep and he said he was half-asleep and horny.
The complainant said she absolutely did not consent to him lying on her and groping her as she was asleep.