MAN JAILED FOR SEXUAL ASSAULT OF WOMAN IN CO DONEGAL PARK
A young man who assaulted a woman sexually in Swan Park, Buncrana, Co Donegal, after claiming he mistook her signals for consent, has been sentenced to three years in prison.Billy Diver, aged 26, appeared before Letterkenny Circuit Court following his guilty plea to the sexual assault that occurred on the evening of June 24th, 2020.
At the time, Diver was with a friend when he noticed two women, aged 19, sitting on a park bench amid the COVID-19 restrictions.
Garda Keith Conlon provided details of the incident, as outlined by the State barrister Fiona Crawford BL.
It was approximately 8 pm when the two women were walking through the park, and two young men initiated conversations with them.
The women continued walking, but the two men approached them again.
Suddenly, one of the men forcibly pulled the woman into nearby trees, grabbing her backside.
She later told Gardaí that the man then grabbed her right hand and placed it on his genitals.
As she managed to escape, he touched her over her jeans.
Frightened, she moved across the grass, but the men approached again.
The same man then touched her thigh, attempted to touch her vagina through her clothing, and later grabbed her backside.
While crying and calling a friend for help, the woman was again assaulted as the man tried to kiss her neck and lips despite her protests.
Eventually, the men got into a van, but the woman managed to photograph Diver and other witnesses came to her aid.
A mother and daughter nearby also recorded videos of the departure, which they shared with Gardaí.
The women approached another couple for support, who then contacted Gardaí with a description of the van.
Gardaí arrived shortly after and encountered the distressed females, receiving details of the assault and a possible suspect's name.
Later, Diver came voluntarily to Buncrana Garda Station, alleging he was harassed by the women and claiming he was being recorded, which he acknowledged after his clothes were seized and phone footage identified him.
Diver, originally from Derry, has no prior criminal record.
The victim impact statement revealed profound effects, including anxiety when leaving home, nightmares, depression, shame, self-blame, difficulty trusting others, and challenges in forming new relationships.
She also had to take leave from work for counselling, affecting her education and career.
She expressed that her life had been changed forever and described herself as permanently scarred.
His legal representative, Peter Nolan BL, argued Diver misinterpreted the woman's signals based on her and her friend's behaviors, asserting his client never denied his actions and had attempted to explain his side.
Nolan emphasised Diver had left school early, worked as a labourer in Northern Ireland, and posed a moderate to high risk of reoffending, but was willing to comply with probation requirements.
Diver addressed the court, issuing a heartfelt apology, acknowledging the gravity of his actions.
Judge John Aylmer described the assault as a "very nasty sexual assault" and emphasised that the woman was not at fault, highlighting her ongoing suffering from anxiety and depression.
He classified the offense in the mid-range category, recommending a four-year sentence before considering mitigation.
Despite Diver's late plea and lack of previous convictions, the judge noted his young age and the probation report.
The judge consequently reduced the sentence to three years, with no suspension, citing Diver's minimization and victim-blaming tendencies, stating there were no grounds for leniency given that Diver was the predator in the situation.
