Man acquitted of sexually assaulting 'on-off' partner


David Hurley


David Hurley

Man acquitted of sexually assaulting 'on-off' partner

The trial was heard at Limerick Circuit Court

A MAN who had been accused of sexually assaulting his ‘on-off’ partner was acquitted of all charges following a three-day trial at Limerick Circuit Court.

The 35-year-old defendant, who cannot be identified for legal reasons, had denied two charges relating to incidents at the woman’s home on the northside of the city on consecutive days in January 2013.

During the trial, the jury was told the woman, who has a daughter with the accused man was previously in a relationship with a well-known publican and that they have a son together.

It was the State case the man tried to force himself on the 36-year-old a short time after they had consensual sex.

He was also accused of trying for force her to perform oral sex on him the following night.

While the mother-of-two, who is originally from West Limerick, insisted she is a shy person, the jury heard she and the defendant had a volatile relationship.

It was submitted by lawyers representing the accused man that the pair had an “exuberant” sex life and that any and all acts were consensual.

The jury was told the woman sent dozens of “sexually charged” and salacious texts messages to the man before and after the alleged offences.

Some of the graphic messages were put to the woman during the course of several hours of cross-examination.

Being questioned by Lorcan Connolly BL, the woman agreed she had ‘sexted’ the defendant but she insisted she had only done so at his request as he believed their sex life was boring.

“He said that’s what boyfriends and girlfriends do, he said it was just fun,” she said adding that the text messages were sent in the context of their relationship. “I was in love with somebody who was wrong for me,” she told the jury insisting she was not into violence or being hurt.

The jury was told the woman was prescribed medication after she was examined by a GP a number of days later. Gardai were alerted by the father of her first child two days after the alleged incidents.

Photographs of bruises she claimed she sustained were also submitted in evidence.

Following less than two hours of deliberations, the jury returned unanimous not guilty verdicts on both charges. 

After thanking them for their time and consideration during the the trial, Judge Tom O’Donnell excused the jurors from further service for five years.