Man jailed after sex attack caused woman ‘significant distress’

A 23-YEAR-old man was yesterday jailed for a drunken sexual attack, which a judge said caused “significant harm” to the victim.

After the incident occurred, the victim had to wait until the defendant fell asleep before she could get away from him and contact police.

Tyrone Kelly of Maryville, Greencastle, was accused of rape, sexual assault and physical assault after an incident on September 25, 2016.

He initially denied the charges, but an earlier hearing at Dungannon Crown Court was told by a defence barrister said an alternative sexual charge had been agreed, and the physical assault matter was now admitted.

The court heard on the day of the incident, Kelly had gone out with friends with whom he consumed a large amount of cannabis and vodka.

In his drunken state he encountered the victim and an argument followed.

This became more heated and Kelly “pressurised” the victim to have sex without her consent.

After he fell asleep the victim took the opportunity to leave and went straight to police.

Kelly was arrested and whilst he accepted sex took place, maintained it was consensual.

The case was previously adjourned for pre-sentence reports and Kelly was ordered to sign the Sex Offenders Register immediately.

Kelly appeared back in the dock for sentencing yesterday before Judge Stephen Fowler QC.

Judge Fowler told the court it was clear the victim was left distressed and exhibiting symptoms of PTSD. He said: “I consider the degree of harm caused (to the victim) by the defendant’s actions to be significant.”

The judge said the case fell within the middle range of sexual offending and had the charges been contested, a sentence of six years custody would have been imposed.

However the guilty pleas were taken into consideration, as was Kelly’s previously clear record in respect of sexual offences.

Judge Fowler handed down a sentence of four years imprisonment, split between two years in custody and two on supervised licence.

A Sexual Offences Prevention Order (SOPO) was also ordered, which will be effective for seven years and he is also bound by sex offender notification requirements.