MAN JAILED FOR SEXUALLY ABUSING VULNERABLE WOMAN IN SWIMMING POOL STEAM ROOM
A man convicted of sexually assaulting a vulnerable woman in a steam room at a swimming pool has received a six-year prison sentence.Akbar Moqadar, aged 36, was found guilty of one count of oral rape in August 2022 after a trial at the Central Criminal Court held last December.
With addresses listed in Greenwood Estate, Togher, Co Cork, and Glenworth Street, Limerick, Moqadar continues to assert that he is innocent.
On Monday, he was sentenced to seven years in prison, with the last 12 months suspended for three years under strict conditions.
Because there is no link between Moqadar and the victim, his identity can be disclosed without breaching her right to anonymity.
During an earlier sentencing hearing, Judge Patrick McGrath emphasised that reports should not identify the woman, who has an intellectual disability and is highly vulnerable.
In a victim impact statement read out by the investigating Garda, the woman expressed feelings of embarrassment and disbelief about what occurred.
She stated she “cannot understand how any stranger could do that” to her, described her life as having been altered significantly, and expressed concerns about encountering the man again.
The court was told that the incident took place in August 2022 when the woman visited a swimming pool in County Clare.
She encountered Moqadar in a steam room; he exposed himself and asked her to perform oral sex, which she refused.
He then pushed her head towards his genitals and committed oral rape.
She clarified that he did not physically hurt her but kept forcing her head.
After the assault, she managed to pull away, and Moqadar temporarily blocked her exit.
She responded with retching, prompting him to ask if she would be okay.
The woman sought help from a female lifeguard but did not disclose details.
The following day, she confided in a social worker, and a police report was filed immediately, leading to a specialised interview.
Police also gathered Moqadar’s details from the swimming pool, and CCTV footage showed both their movements before and after the eight-minute incident.
Moqadar admitted to being present at the pool during police questioning.
Although he initially claimed the act was consensual, he later retracted his statement, asserting that no physical contact occurred.
Originally from Afghanistan, Moqadar arrived in Ireland in 2018.
He previously received a minor, unrelated conviction in France.
Gardaí confirmed that he did not know the victim prior to the incident, and she did not know him.
His lawyer revealed he is married, with a wife and child still residing in Afghanistan, and that he had been working and supporting his family before his arrest.
Counsel stated that Moqadar suffers from mental health issues and has limited proficiency in English, explaining that his incarceration may be more difficult as a non-citizen.
It was also pointed out that the incident occurred within a brief time frame and that Moqadar was unaware of the woman's intellectual disability.
The court was advised that if a partly suspended sentence were imposed alongside a condition to return to Afghanistan, Moqadar was willing to do so.
In sentencing, the judge highlighted the serious impact of the offence on the woman, including her loss of independence.
He also accepted the defence’s argument that Moqadar should not be convicted based on his ignorance of her disability.
