Girlfriend was sexually assaulted as she slept at Limerick apartment
“NO MEANS no,” said Judge Tom O’Donnell when sentencing a man for sexually assaulting a sleeping woman.
Colan Eardley, aged 33, of Ducart House, Steamboat Quay, Limerick city pleaded guilty to three counts of sexual assault on Nicola Connery, who waived her anonymity.
Prosecuting barrister John O’Sullivan, instructed by State Solicitor Padraig Mawe, outlined the case with the assistance of Garda Mary O’Connor.
Mr O’Sullivan said the offences occurred in late 2017 / early 2018 when Ms Connery was aged 21.
“For three years prior Ms Connery was in a relationship with the defendant. They were living at Castlecourt apartments, Clancy Strand.
“In March 2018 the injured party entered Henry Street garda station and made a complaint that she was sexually molested by her then boyfriend while she slept. After the last incident she ended the relationship,” said Mr O’Sullivan.
The barrister said in each of the three sexual assaults, the victim found when she woke up that she had clothes removed and her vagina was very wet.
“She knew he had done something of a sexual nature to her while she slept,” said Mr O’Sullivan.
Mr Eardley was arrested in April 2018 and believed “consent was implied because they were in a sexual relationship”.
Mr O’Sullivan said the accused acknowledged sexually touching her “in an effort to arouse her”.
“Prior to the three matters she made it clear to him that sexual advances while she slept were not welcome. She goes into a very deep sleep.
“He admitted to Ms Connery he did not have her consent in Facebook messages,” said Mr O’Sullivan, who read out Ms Connery’s victim impact statement.
She said she doesn’t trust any men except her father.
“I feel I can’t trust anyone. I don’t see myself being in a relationship in the future. Any friendships I have are with girls,” read out Mr O’Sullivan on behalf of Ms Connery.
The victim impact statement also outlined how worried the injured party's parents are about her and how she, in turn, worries about them.
The court heard that Mr Eardley told gardai he loved Ms Connery and planned to propose.
“I loved her with all my heart,” he said.
Lorcan Connolly, barrister for Mr Eardley, said his client has instructed him to apologise unreservedly.
“She is entirely, utterly blameless. His plea of guilty has avoided a trial and the stress and upset in contested cases.
“He has realised consent can’t be presumed in a relationship - somebody who is asleep can’t consent to a sexual act. The main aggravating factor is she was asleep,” said Mr Connolly, who added that his client has a supportive family and was accompanied by his father in court who is displeased with his son’s conduct.
The barrister said Mr Eardley takes antipsychotic and antidepressant medication and Ms Connery was very good to him during their relationship.
Mr Connolly said his client has acknowledged his wrong doing and it is not a case for immediate custodial sentence.
“I am not detracting from the seriousness of the matter. It is a particularly unique case. He asks for mercy and leniency,” said Mr Connolly.
Judge Tom O’Donnell said “consent is at the heart of this” and “no means no”.
“It was abundantly clear what was permitted and not permitted. He bears a high level of culpability. The consequences were clearly outlined in the victim impact statement,” said Judge O’Donnell, who added that “there is no such thing as implied consent - the lady said no. Full stop”.
The judge said the guilty plea spared a trial and the victim having to go in the witness box and answer questions about her private life.
“A plea of guilty is a public acknowledgement. The imposition of a custodial sentence would be disproportionate. Others might disagree with me,” said Judge O’Donnell, who also spoke of the time it has taken for the case to come before him. He imposed a fully suspended two-year sentence on Mr Eardley.
Ms Connery’s mother said she did not agree with the judge and said her daughter is “going through hell”.