This article is from page 10 of the 2006-05-02 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 10 JPG
A MAN who sexually assaulted a Clare teenager after a St Patrick’s Day drinking session in north Clare has been jailed for seven years.
James Donovan (37), of Fona Glas, Ballybane, Galway pleaded guilty to sexually assaulting the then 16-year-old victim and assault, causing her harm, in March 2004.
Garda Andrew Monahan told the Central Criminal Court that the girl had celebrated St Patrick’s Day with her friends and they arranged to meet again later. She and one other girl left in a car with three men, one of whom was Donovan, the driver. They weren’t acquainted with him previously but one of the other men was known to them.
After they had some drinks, they returned to collect the third girl who wished to join them and resumed celebrating. Some time later, the victim complained of being cold and returned to sit in the car.
Donovan — a married father-of-seven — went with her to let her into the car, where a music tape was played. His suggestion that they should kiss was refused by her but he started kissing her after letting back her seat.
Gda Monahan said Donovan pulled down his trousers and then her lower clothes, leaving her naked from the waist down. She covered her genital area with her arms but he pulled them away and struck her across the face before sexually assaulting her.
Donovan went voluntarily to gardai and made a statement. He acknowledged they were drunk and said they had only kissed consensually. He volunteered to his car being searched and to giving samples which didn’t provide anything of evidential value.
He had no previous convictions and hadn’t ever come to garda notice.
Defence Counsel Martin Giblin said his client “wants it noted that he will never stand in court again for this kind of offence or any form of anti-social behaviour.”
Mr Justice Eamon de Valera certified Donovan as a registered sex offender. He said the victim could not have been mistaken for anything but a 16-year-old girl, which placed the offence at the higher end of the scale.
“He was considerably older than her and was merciless in the way he treated her,” the judge said. He added that Donovan’s wife deserved great credit for sticking by him.
He imposed a seven-year sentence with the final three years suspended on conditions.