Judge stresses importance of consent as man arrested for raping woman with bottle

Judge Tony Hunt made the comments following sentencing of Jonathan (also known as Johnny) Moran, 26. Bláthnaid Raleigh had previously waived her anonymity so that Moran could be named in the case.

Justice Hunt warned that “consent must be sought”, adding that if it was not found “you do so at your own peril”.

“If it is not consensual sexual activity, it is sexual activity that results in the commission of a serious sexual offense and there is no scope for anything other than an immediate custodial sentence,” Judge Hunt continued.

Moran, of Tower View, Mullingar, Co Westmeath, was convicted by a jury at the Central Criminal Court of section four rape of Ms Raleigh by penetrating her vagina with a bottle and sexual assault by penetrating her anus with a bottle in a garden shed in Galway on July 21, 2019.

Earlier in the hearing, Ms Raleigh read her victim impact statement into the record. During her statement, she said she wanted to be a “support and advocate for other victims of sexual assault” because she knew not every victim would see their perpetrator convicted.

Mrs Raleigh is also from Mullingar, and Moran played rugby for her local club with her brothers. She was at the Galway Arts Festival with a friend when they happened to bump into Moran and other people from their hometown.

The rape occurred after Ms. Raleigh returned with Moran and several other youths to the AirBnB where Moran and his friends were staying that weekend. They later moved from the house to a shed in the garden at the back of the property, where the rape occurred.

Moran claimed the sexual activity that evening was consensual and denied using any weapon to attack Ms Raleigh. Her DNA was found on the top of three plastic drinks bottles following a forensic examination of the shed.

The court heard Ms Raleigh suffered extensive physical injuries which required months of treatment in a sexual violence unit.

Sentencing

Sentencing Moran on Monday, Judge Hunt said it was vital that “people engaging in or considering engaging in sexual activity bear in mind the importance of consent.

“Perhaps if cases like Mr Moran’s and their consequences could be told to younger people it might make a difference,” Judge Hunt said, adding that the consequences of failing to consent could have “very far-reaching consequences”.

He also noted that these cases “involve individuals who have had no prior contact with the criminal justice system.”

It is important that people listen to these things, take them into account and not put themselves in this situation, and especially not put people like Ms. Raleigh in this situation.

“It’s a shame people don’t think about these things a little more. “I’m not giving a lecture as an elderly person, but I want to appeal to people to be a little more careful in what they do,” Judge Hunt said, adding that if it stops even two people from having non-consensual sex, his comments will be worth it .

He added that this is especially true in cases where people undertake this activity without knowing each other, as if they did not know each other well – “more effort needs to be made to ensure clarity in the situation”.

“People appear to be willing to take extraordinary risks in dealing with people they don’t particularly know,” Judge Hunt commented.

Judge Hunt acknowledged that Moran now accepts the jury’s verdict, but added that “we still have no clear view from him as to why he did what he did.”

The judge also commented that he could not understand why it took so long for Moran to “understand” given the “clear nature of the evidence in this case”, adding that Ms Raleigh was “very persuasive both at trial and during submitting a statement about the impact of the event on the victim.

“This forensic evidence speaks very, very loudly and very clearly to the truth of her complaint and the truth of her testimony,” Judge Hunt continued.

‘Frightening’

The judge described Moran’s behaviour as “appalling”, adding that treating another person in such a way was completely unacceptable – noting that every person has their own dignity and his behaviour “was completely and utterly unacceptable”.

Mr Justice Hunt said anyone who listened to Ms Raleigh’s evidence would be “amazed at how eloquent this woman is” and said he felt it was better for victims to speak for themselves.

He noted that she had suffered long-term physical injuries but added that he had “no doubt” she was able to continue her career and wished her all the best for the future.

Judge Hunt set a main sentence of 10 years in prison, noting that aggravating features included physical harm and breach of trust in the case.

“She trusted him to some extent,” Judge Hunt said, accepting evidence in the trial that they had expressly agreed to move from the house to the shed, but added that “the trust she had in him was grossly breached by his conduct.”

Before reducing his sentence to nine years, he acknowledged that Moran was “late in accepting” the jury’s verdict, had no previous convictions and had a good employment history.

Judge Hunt then suspended the final year of the nine-year prison sentence on strict conditions, including requiring Moran to have no direct or indirect contact with Ms Raleigh for an indefinite period, to use the services of the Prison Service for 18 months and to keep the peace and be of good behaviour for three years after his final release.

Victim Impact Statement

Ms Raleigh read her victim impact statement into the record during an earlier sentencing hearing.

She said she didn’t feel comfortable using the word rape until she received “court confirmation”, but the guilty verdict at trial allowed her to use it now. She told Moran she was “shaming you.”

She said that before the assault she was a typical 21-year-old in her final year of college “finding adulthood” and described herself as “carefree and fun.” After the attack, she said “her life was completely destroyed”.

Ms Raleigh referred to the physical injuries she suffered as a result of the attack, which resulted in her needing “invasive and ongoing” treatment at a sexual assault unit for many months. “It was a constant and physical reminder of the damage done to my body,” she said.

She said she still feels pain from these injuries and described “endless sleepless nights, vivid nightmares and memories.” “I don’t enjoy typical things anymore – my body doesn’t like new things anymore,” Raleigh said.

She said the attack “still haunts me in my daily life” and she fears “men see me as damaged goods”. Ms Raleigh said the attack “damaged the path of my life because someone decided to hurt me” and added that she no longer likes going out because she constantly worries about the safety of those around her.

She said she never felt like she was in a safe place, but Moran “has led a normal life since the incident.”

Mrs Raleigh said her family had been her biggest supporters before admitting how the attack had affected their lives. She said her brothers had left the rugby club they had been at for 20 years because Moran was at the same club.

“Fear, Anger, Sadness and Loss”

She said she experienced “fear, anger, sadness and loss.” She said the justice process “seemed senseless at times” but stated she was very grateful “to those 12 people who believed me.” Ms Raleigh thanked the Rape Crisis Center and the police.

“There are physical and mental scars that need to be healed,” Ms. Raleigh said, before adding that when she tells people about what happened to her, they tell her she is so strong.

“I don’t want to be strong. I feel cheated that this is my life,” Ms. Raleigh said, before describing how something can trigger her, leading to sleep disturbances. She said she was moving on to the next stage of her life.

Fiona Murphy SC, defending, said her client had “difficulty facing the case” but now accepted the jury’s verdicts and was remorseful. The court heard he had no previous convictions and came from a good, hard-working family.

Background to the case

Garda Sharon Noone told Conor Devally SC, prosecuting, that Ms Raleigh arrived at the police station in the early morning hours of July 21, 2019, with a “significant degree of distress”. She was taken there by three strangers who found her on a nearby street.

She later gave a statement to gardaí in which she explained that she and a friend had travelled to Galway for the Arts Festival that weekend and had coincidentally met various people from Mullingar, including Moran.

Her friend left with someone she knew, and Ms. Raleigh stayed with the group, later deciding to return to the AirBnB where Moran was staying. Later in the evening she went with Moran to the garden shed on the property.

Gda Noone admitted that after entering the shed the door was locked and Mrs Raleigh was unable to open it.

Moran “abused her” and tried to have sex with her by forcing her head against a shed door. She was unable to move or grab anything and became trapped in the shed, Gda Noone said.

The shed was dark but Mrs Raleigh could feel that bottles were being used on her vagina and anus, causing her severe pain. The attack ended when voices were heard in the garden.

The barrister said Ms Raleigh later testified that when she left the shed she “initially masked her nervousness”, went to the bathroom to examine herself, gathered her things and then left the property.

She did not know where she was and was very concerned before being taken to a nearby police station and making a complaint. Gardaí responded immediately and the garden shed was secured as a crime scene within minutes of her arrival at the station.

Gda Noone agreed that Moran maintained his position of innocence throughout the trial. He had no previous convictions and never came to the attention of the police. He has met all bail conditions.

Gda Noone agreed with Ms Murphy that her client came from a hard-working family and was in long-term, full-time employment.

It was accepted that he had co-operated with the Garda investigation and the trial process. Ms Murphy referred to a probation report before the court which assessed her client as being at “moderate risk of re-offending”. She asked the court to allow him to co-operate with the Garda investigation.

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