Waterford man who anally raped his wife jailed for six years
Fiona Ferguson
A man who anally raped his wife after she consented to intercourse but made it clear she did not want anal sex has been jailed for six years.
The Central Criminal Court heard that the man admitted his guilt during his trial as his wife was giving evidence. He had previously claimed the incident was consensual.
The 43-year-old man, who cannot be identified to protect the woman’s identity, pleaded guilty to anal rape of his wife at their family home in Co Waterford on December 18th, 2024.
Passing sentence on Tuesday, Justice Paul Burns said this was a drunken assault by a husband on his wife and he had taken advantage of her consent to sex despite the fact she had told him she did not want anal sex.
He set a headline sentence of eight and a half years. He said he was sceptical of a submission that because anal sex had occurred on a previous occasion this lessened the gravity of the offence.
He took into account the man’s lack of prior convictions and good work history, as well as his remorse and apology to his wife and family.
He noted the plea came late but said it had value as the woman did not have to undergo cross examination and it was an acknowledgement of his guilt.
Justice Burns imposed a seven-year sentence and suspended the final year for three years on condition the man is under the supervision of the Probation Service. The sentence is backdated to when he went into custody.
An investigating garda told Michael Delaney, prosecuting, that the couple were watching a movie in their home and drinking whiskey. The accused man said he wanted anal sex, but the injured party refused as it had happened before and she did not want to do it again.
She believed they were going to have regular sex but the accused instead anally raped her.
The man fell asleep. The woman found she was bleeding and after speaking with her adult daughter the woman attended at a garda station.
She underwent a forensic exam at a Sexual Assault Treatment Unit and was found to have a laceration to her anal area consistent with the allegations.
Gardaí attended at the house and found the accused still asleep. They told him he would have to leave the house as it was a crime scene.
On December 20th, 2024, the accused was arrested at Dublin Airport after gardaí received information that he was planning to leave the country. He has been in custody since that time.
During his garda interview, the accused man said his wife had consented to anal sex and had consented to it on previous occasions. He said he had tried to have anal sex with her but had been unable to do so.
When her injuries were put to him, he suggested she may have caused the laceration herself.
His wife declined to make a victim impact statement and was not present in court. She gave her evidence during the trial via video link.
The garda agreed with Aidan Doyle, defending, that alcohol was something both parties indulged in and this was an issue in their relationship.
Doyle said his client wishes to apologise and had written a letter to that effect. He submitted it demonstrates insight and remorse on the part of the accused. He said the accused had a very good work history.
Counsel said there had been consent to sex immediately prior to the anal rape, which he submitted was of fairly short duration. He said anal sex was something they had engaged in before and submitted that was a mitigating factor in the case.
Doyle said the guilty plea came before the injured party was due to be crossed examined and it was not put to her that she was not telling the truth. He asked the court to give his client some credit for that.
If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help. In the case of an emergency, always dial 999/112.
