Jailed Limerick man 'smirked' on morning after raping sleeping woman on medication, court hears

A LIMERICK man has been jailed for 10 years at the Central Criminal Court for “exploiting and belittling” a woman he raped three times while she was asleep.

The court, sitting in Limerick, heard that on the morning after the second rape the accused man had "a smirk on his face”.

The woman, in her victim impact statement, said she “did not care if I lived or died” and “death would have been easier”.

Reporting restrictions were lifted on naming the convicted rapist  - William Kavanagh, aged 58, of Wolfe Tone Street, Kilmallock.

Judge Sean Gillane passed sentence a week after a jury delivered majority verdicts (10-2) of guilty on the three rape charges on separate dates over a two-month period in 2021.

Prosecuting barrister Alice Fawsitt SC, appearing with Lily Buckley BL, had previously outlined the evidence with the assistance of Detective Garda David Gee, of Bruff garda station.

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Ms Fawsitt said Kavanagh was arrested and charged with 20 counts of indecent assault and five counts of rape. He pleaded not guilty and was acquitted by a jury of 20 indecent assaults and two of the rape charges at a trial in May, 2025. There was a disagreement by members of the jury in relation to three rape charges.

A retrial commenced on Monday, March 9 and concluded on Thursday, March 12 with the guilty verdicts.

Ms Fawsitt asked Det Garda Gee to summarise the circumstances for Judge Gillane. The detective said the victim sought medical attention after a tragic incident.

“She was prescribed antidepressants. One side effect of the antidepressant tablets was 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 Det Garda Gee.

Ms Fawsitt said the victim gave evidence that on the morning following the second incident, she described Kavanagh as “having a smirk on his face”.

“She said he told her that her medication was dangerous, he couldn't wake her and he could have done anything to her,” said Ms Fawsitt.

Judge Gillane said he agreed with the DPP that the “smirking” was belittling to the victim and combined with his comments made her “physically sick and disgusted”.

The judge said the most serious aggravating factor was Kavanagh’s “exploitation of the occasions on which she was taking medication to deal with the matters from which she was suffering”.

“This adds to his level of culpability,” said Judge Gillane.

The victim said she couldn’t take the medication at night because the accused was “interfering with her in her sleep”.

Judge Gilllane said it was a particularly egregious consequence for her, that she became reluctant to take her necessary medication.

The judge said he has listened carefully to the victim impact statement, saying it speaks for itself in terms of the harm done and, particularly, regarding the rapes taking place at a time of extreme vulnerability after a tragic incident and her health difficulties.

The woman read out her own victim impact statement in the witness box, located just feet away from Kavanagh.

She said “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. I still have nightmares of the incidents,” read out the victim.  

Judge Gillane referred to Kavanagh’s “disturbing series of previous convictions from 2022”. He said there was three, in total, recorded in the district court, which related to a breach of a safety order, harassment, and criminal damage, all related to the victim

Kavanagh was represented by Brian McInerney SC, appearing with Liam Carroll BL, instructed by solicitor John Lynch.

Mr McInerney said during the sentencing hearing that his position was constrained (in terms of mitigation) as “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”.

Judge Gillane noted this in setting down a headline sentence of 11 years imprisonment which he reduced to 10 years due to Kavanagh’s long work history and “he is not a young man, soon to turn 59”.

There was no reaction from Kavanagh who sat with his head bowed in the dock. He has been placed on the Sex Offenders Register.

If you have been affected by this story please contact the 24 Hour Rape Crisis Helpline on 1800 778888 or the Garda Confidential Line on 1800666111.