A Co Donegal man who sexually assaulted a woman after discovering she was out socialising when he saw pictures of her on social media has been jailed for four years.
Seamus Ward, Drumkern, Milford, appeared before Letterkenny Circuit Court in connection with the incident on September 6, 2018.
Garda Sergeant Gerard Dalton said the woman was socialising in the Mulroy Woods Hotel in Milford on the night in question and had posted pictures on her Snapchat and Instagram accounts.
A short time later she received a Snapchat message from Ward.
Ward, aged 38, and a friend subsequently went to a house party with the victim, who was also accompanied by a friend.
At one stage, the women tried to lift Ward out of an armchair. One of the women gave a phone to Ward’s friend to record ‘as she thought it was very funny’.
She instructed Ward to go to bed in the spare room.
When the victim later woke up, she described how Ward was beside her in bed and it “took a moment to realise what was happening’.
Ward was described as having his hand between the victim’s legs, groping her and placing his fingers inside the victim’s vagina.
The woman told gardai that she screamed at Ward: “What the fuck are you doing?” before pushing him in the chest.
She alleged that Ward responded: “I thought that you were someone else.”
The woman shouted at Ward: “Why the fuck did you have your hands down my pants?”
She screamed for him to get out of the house and Ward was alleged to have responded: “So what if I did”. At this point, the woman said she “lost it completely”.
Sergeant Dalton said that the accounts of two other persons who were present were consistent with what the victim outlined. One of those persons confirmed an account from the victim that Ward referred to her as ‘a psycho’.
The woman told gardai that she rang another friend who advised her to make contact with gardai.
She told how she ‘hit drink and drugs hard’ but lodged a complaint in January, 2019.
The victim said she attended White Oaks Treatment Centre and received a text message from Ward after she left treatment there.
When the substance of the allegation was put to Ward, he denied it. He also denied calling the victim a psycho.
He told gardai that he was out in a bar in Milford playing poker. When asked about the allegations, he told investigating officers: “That definitely didn’t happen. That’s all I can say about that.”
A victim impact statement on behalf of the woman was handed into court.
The court heard that Ward has previous convictions for assault causing harm and for dangerous driving causing death.
Ward was put in the witness box by his barrister, Mr Colm Smyth BL. Ward said he wanted to tell his victim that he wished to ‘express shame and regret for the trauma and for the suffering I have caused you – and I am truly sorry for that’.
Ward said his life ‘spiralled out of control’ after he was convicted for dangerous driving causing death and added: “I am just not coping with my emotions.”
Mr Smyth said his client pleaded guilty, albeit at a late stage. He said Ward has ‘had a lot of issues in his life’.
“This was not premeditated,” Mr Smyth said. “However, Mr Ward drunk carries the same responsibilities as Mr Ward sober. This wasn’t a premeditated act. He has avoided the necessity for the complainant to give evidence. He has shown remorse for his actions and tendered a public apology.
“While he fully accepts that his guilty plea was somewhat late in the day, he has come to a realisation on this matter.”
Judge Aylmer had adjourned the case to consider a report which said that the accused was suffering from a form of post traumatic stress disorder as a result of killing his friend in the crash.
Passing sentence, Judge Aylmer said this was a very serious case which involved digital penetration and one which had a very adverse psychological effect on the victim as one would anticipate.
He said the assault was “opportunistic in nature” as the victim had been asleep after she had been drinking heavily and that Ward took extreme advantage of her.
Adding that Ward’s own intoxication was not an excuse, the Judge said he placed the offence very much in the mid range of such offences and one which merited a sentence of five years in prison before mitigation.
He noted Ward had pleaded guilty but it was a late plea but he had spared his victim the trauma of a trial but that it appeared from her victim impact statement that she had suffered greatly as the case was adjourned again and again.
Referring to a report from psychologist Dr Colin O’Donnell that Ward was suffering from undiagnosed PTSD and had engaged in substance abuse, Judge Aylmer said the court took the view that this offered little mitigation in relation to this offence.
He added these issues could and should have been dealt with many years earlier and again referred to the fact that the court considered this an opportunist sexual assault.
However, he noted that Ward was in a new relationship and that his new partner spoke very highly of him and how well he treated her and also that he was now working as a butcher.
In mitigation, the court said this merited a reduction in the sentence of one year meaning Ward was jailed for a total of four years.
