Sex assault teen given suspended sentence

A TEENAGER has been given a suspended sentence after sexually assaulting his once-close friend as she slept.

Prosecutor Margaret-Ann Dinsmore QC told Dungannon Crown Court that Strabane man Gavin Hegarty (19), who pleaded guilty last month, had been platonic friends with the victim for around seven years.

They had joined a mutual friend for a night out socialising on July 24, 2015 at a restaurant and then a nightclub. The group ended up back in the mutual friend’s home.

At around 2am, Hegarty, from Koram Square, and the victim went to bed in the spare room. Both had consumed alcohol, but neither were drunk. They got into the same bed, fully clothed, and fell asleep.

At around 6am the victim awoke to find her clothing in disarray. Her top had been pulled up over her breasts and her bra was opened. One leg was fully out of her jeans which were round the lower part of her other leg.

She felt sore and uncomfortable, but had no recollection of anything. However, she knew there had been sexual activity and the matter was reported to police.

Swabs were taken which returned a DNA profile matching Hegarty.

He was interviewed and like the victim, had no recollection of any incident occurring, but would later admit the incident had occurred.

Defence counsel Mr Brian McCartney QC accepted pre-sentence reports that categorised Hegarty as of medium risk of re-offending, but not as presenting significant risk to the public.

Mr McCartney added: “It is obvious the underlying aspect of this matter was alcohol.”

Judge Stephen Fowler QC referred to a Victim Impact Statement and said: “It is clear she suffers from adjustment disorder and has been left traumatised. However, the overall prognosis is good given her personality and robust support network.”

He added: “The defendant told police whilst he has no recollection he accepted sexual activity occurred and it was not consensual. He is apologetic and did not wish to do his friend any harm.”

Taking all into account, including Hegarty’s age at the time and his deep regret, Judge Fowler imposed a sentence of 12 months custody suspended for three years.

Hegarty was also handed a Sexual Offences Prevention Order (SOPO) for five years.