Donegal man must pay €5,000 to have sexual assault case struck out

A Donegal man on a sexual assault charge has been told that the matter will be struck out if he pays a total of €5,000 to the complainant.

The man, who is in his 60s and cannot be named for legal reasons due to the nature of the charge, appeared at Letterkenny District Court.

The man brought €2,000 to court to offer as compensation, but was told by Judge Ciaran Liddy to come up with a further €3,000 before Christmas.

Mr Ciaran Mac Lochlainn, solicitor for the accused man, said his client was charged over an incident in 2019, which is now over six years ago. 

Mr Mac Lochlainn said the matter has been adjourned on “many occasions” at the District Court. Another Judge believed that the case was appropriate for restorative justice, the solicitor said.

“He was in a bar, had a few drinks when he saw a lady and there had been a bit of history between them,” Mr Mac Lochlainn said. “He walked up and slapped her on the backside.”

Mr Mac Lochlainn added: “It was clearly an assault and an embarrassing assault, but there was nothing sexual.”

The court heard that the man has attended three sessions of offence-focussed work and has demonstrated a knowledge and understanding of sexual offending. 

A probation and welfare report deemed the man to be of a low risk of further sexual offending.

A victim impact statement was submitted, but not opened in the court.

Mr Mac Lochlainn said his client had brought €2,000 to court by way of compensation.

“He is anxious to put the matter behind him,” the solicitor said. “He has had this hanging over him and he was anxious to make it up.”

Passing sentence, Judge Ciaran Liddy said the matter goes back almost seven years now.

He said it was clear from reading the victim impact statement that the woman was “deeply affected” by the action.

Judge Liddy noted that a “very early” guilty plea was entered. Judge Liddy said that the accused man has fully engaged in the restorative justice aspect and is assessed at being at the low2 end of the scale in terms of reoffending in the future.

Judge Liddy said the man stated that he was unequivocally wrong and has learned from his engagement with a probation officer. He said the man is now “aeare of the effect that his actions had”.

Judge Liddy said that the €2,000 in compensation “goes some way to dealing with the effects” the woman has had to navigate.

Judge Liddy made an order for a further €3,000 to be paid to the woman by Christmas. 

On that basis, Judge Liddy said he would find the facts proven and strike the matter out.