A man who drugged and sexually assaulted a teenage girl has been jailed for five years.
Aidan Dunphy (44) of Crowe Street, Gort, Co. Galway pleaded guilty to one count of sexual assault and one of engaging in a sexual act with a child under 17 at a location in Co. Galway on a date in June 2023. Dunphy has one previous conviction for a minor drugs offence.
The victim in the case indicated to the court that she wished to retain her right to anonymity, but wants Dunphy to be named.
The court heard she was 16 at the time and Dunphy was known to her family.
In a victim impact statement read to the court by her mother, the girl said the process of growing into adulthood was “brutally interrupted” for her and outlined the psychological effects she has experienced.
She said long waiting lists gave her “infrequent opportunities” to speak with mental health professionals and she found the process re-traumatising, turning instead to drugs and alcohol to ease her pain.
The injured party said her family managed to get her support privately, which “saved my life”.
She said she felt unsupported at school, but has been able to continue her education. She also noted the stress and financial burden placed on her family, particularly her mother.
Imposing sentence today (TUESDAY), Mr Justice Paul McDermott said these were “very serious matters”.
He noted the maximum sentence for engaging in a sexual act with a child under 17 is seven years, adding that this “might be considered elsewhere for review”.
He set the headline sentence for this offence at seven years, saying the court regarded the offending as extremely serious in this case.
The judge reduced the sentence on this charge to five years to reflect the mitigation and Dunphy's guilty plea.
The judge said the contents of the probation report suggest Dunphy remains ambiguous in terms of accepting full responsibility for his offending, which “somewhat undermines the sincerity of his expressions of remorse”.
In relation to the sexual assault count, the judge set a headline sentence of eight years, which he reduced to six years. The judge suspended the final year of this sentence for two years and directed that both sentences run concurrently.
Dunphy was also directed to place himself under the supervision of the Probation Services, engage with relevant therapeutic programmes, remain free of illicit substances and have no contact with the girl and her family. A five-year post release supervision order was also imposed.
An investigating garda told Eoin Lawlor SC, prosecuting, that the then 16-year-old was out socialising with friends on the day in question.
The girl told her friends she was texting someone – Dunphy - who was coming to collect her so they could smoke cannabis together. Her friends left and the girl later texted them, saying she'd been picked up.
When interviewed by specialist gardai, the girl outlined that Dunphy gave her drugs including ecstasy, LSD, Valium and a white powder he told her was cocaine or MDMA.
Dunphy sexually assaulted her, then performed other sexual acts on her. He also made sexualised comments about her.
She tried to sleep afterwards, waking at one point to see Dunphy sitting beside her, holding a knife. She asked him not to stab her.
Dunphy laughed, saying he wouldn't stab her and he loved her, which she found threatening.
She managed to leave and was later found in a distressed state by a passer-by. Gardai were contacted and the girl was taken to hospital and examined at a local sexual assault treatment unit.
Around €600 worth of cannabis was found when Dunphy's home was later searched.
Cannabis and MDMA was identified following an analysis of the girl's blood and urine samples. Analysis of her and Dunphy's phones showed that he sent her a large number of text messages the day before this incident occurred.
When interviewed, Dunphy accepted meeting with the girl. He said the sexual contact was consensual and initiated by the girl, whom he thought was 17.
He denied the allegations, describing them as “lies” and the “delusions of a child”.
Defence counsel apologised to the injured party and her family on behalf of Dunphy.
He said Dunphy has taken steps to address his addiction issues. Documents including a medical report, probation report and psychological reports and testimonial were handed to the court.
Counsel asked for leniency, noting that this was a “single event” and that Dunphy has no relevant previous convictions.
