Castlefin man who raped sleeping woman in her own home is jailed

A Donegal man has been jailed for six and a half years for the rape of a woman while she was sleeping in her own home.

Kevin McGovern (28) of Main Street, Castlefin, was convicted by a Central Criminal Court jury of one count of rape on August 21, 2021.

A nolle prosequi was entered in respect of two other charges the jury could not agree on. These were one count of sexual assault and one count of burglary on the same date.

The court was told that the injured party Lauren Holmes wished to waive her right to anonymity so McGovern could be named.

Passing sentence on Thursday, Ms Justice Melanie Greally said the aggravating factors include the “grave breach of trust”, the impact on the victim and the fact that the offence took place in her home.

 She said there was “no doubt” that McGovern decided to return the injured party's home, and that he got into her bed and “violated her while she was asleep”. 

The judge noted that McGovern has no previous convictions and has not come to other garda attention.

Ms Justice Greally said the court had “given minimal regard to the odium he experienced in his community in the aftermath of the offence”, noting that part of the punishment for a sexual offence is the stigma associated with being a known sex offender and on the sex offenders register.

She imposed a seven-year sentence with the final six months suspended to encourage rehabilitation.

 The judge directed McGovern to place himself under the supervision of the Probation Services for 12 months post-release and backdated his sentence  to November 18, when he went into custody.

Reading her victim impact statement to the court Ms Holmes said she never had any interest in McGovern and that after the rape she tried to take her own life. 

“If it wasn’t for my children I wouldn’t be here today to tell my truth. I was such a happy go lucky girl…he has changed that.

“I’m medicated daily and probably always will be. I will never sleep peacefully again,” she said.

Ms Holmes said he put her through a second trial and showed no remorse. She said she would continue to campaign for victims of sexual violence.

Detective Garda Sean Barrett gave evidence that the victim knew McGovern locally as he was a year or two ahead of her in school. 

He told Eileen O’Leary SC, prosecuting, that the victim had been drinking shots and described herself as being drunk on the night. She did not engage with McGovern on the night, the court heard. 

The victim said she was tired and put her pyjamas on before she went to bed. She woke up with McGovern on top of her.

She said she just had her top on and her pyjama bottoms were beside her bed on the ground. The victim said there was never anything romantic between her and McGovern but he made suggestive remarks a few weeks previous and she told him “it would never happen”. 

The next morning, she rang her friend and said McGovern was having sex with her when she was asleep and asked her friend to stay on the phone while she got him out of the house.

She shouted at him that he had to leave and McGovern asked her “why are you so thick?” meaning “why you so angry?” the court was told.

He left and a short time later he contacted her by messenger and denied any sexual intercourse saying “but I didn’t do fuck all, like.”

He said in messages that “you’re making out that I wanted to sleep with you and I have a woman.” The victim asked him to leave her alone.

She rang her friend and she was taken to a sexual assault treatment unit (SATU). The trial heard from number of witnesses. 

When McGovern was arrested in January 2022, he denied rape and said he had consensual sex. He was later charged with three offences. 

Under cross-examination, Det Gda Barrett agreed McGovern made a number of admissions which helped with “the smooth running of the trial”.

He also agreed with Paul Murray SC, defending, that his client was on trial in Carrick-on-Shannon earlier this year but an issue arose and the jury was discharged. 

Ms O’Leary said the view of the Director of Prosecution (DPP) was the offending was in the 10 to 15 year category with the most relevant aggravating factors being the breach of trust, that it happened in her own house in her own bed with her child present.

In mitigation, Mr Murray said McGovern  was “subject to public odium”. Counsel said he was “not in a position to say the outcome of the trial - the verdict of the jury - is accepted”.

 He said his client has one child and comes from a good family. A letter from his GP was handed in to the court. McGovern’s father and sister both gave character references.

His father Sean McGovern gave evidence that “before this case my son has never been in trouble with the law” and would “go out of his way to help others.” 

His older sister Lauren McGovern gave evidence to the court saying “I do not seek to diminish the crime” but said her brother was a caring person and had taken on the role of caring for their ill mother.

Mr Murray told the court that McGovern had taken cocaine on the night. Counsel said he was surprised the DPP had placed it in the higher category of offences and submitted that because the victim was not beaten or restrained it was not in this category. 

Ms Justice Greally said the element of alcohol was a feature of the case and asked had the drugs been addressed on the rehabilitation side.

Mr Murray said his client could give clean urinalysis but the judge said she wanted the case dealt with this term and did not want it “hanging over” the victim for Christmas.