A MAN who smirked at a woman after raping her while she slept was jailed for 10 years.
William Kavanagh (58), of Wolfe Tone Street, Kilmallock, County Limerick, was convicted of three counts of raping the woman, following a retrial at the Central Criminal Court, sitting in Limerick.
Mr Kavanagh had previous convictions for breach of a safety order, harassment, and criminal damage.
Judge Sean Gillane, with the consent of the victim, agreed to lift reporting restrictions allowing Kavanagh to be identified publicly.
Kavanagh was previously arrested and charged with 20 counts of indecent assault and five counts of raping the woman.
He contested these charges at trial and was acquitted by a jury of all of the indecent assaults. The jury could not agree on a verdict on the rape charges.
Another jury found Kavanagh guilty of the three rape charges by a majority decision following a retrial.
The prosecution was led by senior counsel Alice Fawsitt, with Lily Buckley, assisted by Detective Garda David Gee, Bruff Garda Station.
Detective Garda Gee said the victim was “prescribed antidepressants, with a side effect being sedation, causing a person to sleep heavier than normal”.
“On three separate occasions, having gone to bed and having taken her medication, she awoke to find the accused’s penis penetrating her vagina,” said Detective Garda Gee.
Prosecuting counsel Alice Fawsitt said the victim told Kavanagh’s trial that, after raping her a second time, he had a “smirk on his face”.
Judge Gillane said he agreed with the Director of Public Prosecutions that Kavanagh’s “smirking” was his way of “exploiting” and “belittling” the victim.
The judge said Kavanagh’s rape, as well as his comments to her later, made the victim “physically sick and disgusted”.
The victim said that, after the rapes, she “did not care” if she lived or died.
“Death would have been easier,” the woman said, reading a victim impact statement.
“He raped me while I was already in a vulnerable state. To this day, I struggle to be alone as I get intrusive thoughts bringing me back and reliving the rapes.”
Kavanagh was found guilty of raping the woman on occasions when she was prescribed sedative medicine, which Judge Gillane said was an aggravating factor.
Judge Gilllane said this had a particularly “egregious consequence” for the victim, in that she became reluctant to take her prescribed medication.
The judge said the impact on the woman spoke for itself and that she had been in an extremely vulnerable situation at the time.
Kavanagh was represented by senior defence counsel Brian McInerney, with Liam Carroll, instructed by solicitor John Lynch.
Mr McInerney told the court Kavanagh continues to deny the rapes and did not accept the jury’s decision in his retrial.
“I have the clearest instructions that while he acknowledges the jury returned majority verdicts of guilty, he does not accept these verdicts and continues to assert his innocence,” said Mr McInerney.
Judge Gillane said he was satisfied that an 11-year headline sentence was appropriate.
After taking into consideration Kavanagh’s long work history and that “he is not a young man, soon to turn 59”, the judge reduced Kavanagh’s prison sentence to 10 years.
His name was added to a national list of registered sex offenders.
Readers who may be affected by issues represented in this article can contact the 24-hour Rape Crisis Helpline on 1800 778 888 or the Garda Confidential Line on 1800 666 111.
– Court Reporting Scheme