Rapist (33) who threatened to 'kick baby out' of his former partner is jailed

Niamh O’Donoghue

A man who threatened to “kick the baby out” of his former partner and said “either you bury me or I bury you” has been jailed for 12 years.

The 33-year-old Dublin man was convicted by a jury of rape, assault causing harm and threats to kill or cause serious harm to the victim on October 24th, 2022. He can't be named for legal reasons.

He had previously pleaded guilty to four counts of assault causing harm, and counts of coercive control and criminal damage at the outset of his Central Criminal Court trial last February.

In a victim impact statement read to the court by the woman’s friend who sat beside her throughout the trial, she said she suffered from “flashbacks” and “her whole life had changed”.

The victim said she lived in survival mode for nearly two years after he “threatened to kick the baby out of me”. “Either you bury me, or I bury you” he told her.

She said at the end of their relationship he “could have quickly taken my life.” She said she counts her blessings every day she survived.

Mr Justice Paul McDermott said the probation report put the man at high risk of reoffending in relation to intimate partner violence.

The man was found guilty but does not accept the verdict of the jury, the judge noted.

The judge sentenced him to 12 years' imprisonment and backdated it to February for time spent in custody.

Detective Garda Kayleigh McCarthy told the court the pair met in autumn 2020 and established an intimate relationship.

The court was told on one occasion the woman was washing his tracksuit, and he became angry and smashed a coffee table. He blamed her for that incident and then threatened suicide if she left him.

In August 2021 when they were staying at a Dublin hotel, the court heard she had not ironed his clothes properly and he grabbed her hair. Afterwards he said: “Look what you made me do.”

The cleaning staff and a manager were perturbed by shouting they had heard, the court was told.

In September 2021 he kicked the door of her apartment, the court heard. In November 2021, there was an argument where he shoved his hand into her face and jabbed her legs with her car keys calling her “a useless c**t” in the incident.

The following month when the victim was pregnant with his baby, he “threatened to kick it out of her”. He called to her house and kicked her door down and assaulted her. Later he was being overly nice but relapsed into his previous behaviour, the court was told.

In October 2022, the man attended a family event and he tried to choke her in a public place. The court heard later that day he pushed her into a bedroom.

The victim said she did not want to have sex but he pushed her onto the bed and raped her. He put his hands around her throat and occasionally lessened his grip with his thumbs. She believed he was going to kill her as he was saying: “Die bitch, die.”

The court heard the man continued his domineering behaviour after that rape and the woman rang gardaí. In interview, he did it to some aspects of the allegations, the court heard. He has 11 previous convictions.

Under cross-examination by Gerardine Small SC, defending, Det Gda MacCarthy agreed the man pleaded to the majority of counts he was charged with and made issions at the outset of the trial.

The man accepted he was lawfully arrested, detained and interviewed. He also accepted s taken from the complainant’s phone and that his own mobile was also lawfully seized.

Det Gda MacCarthy also agreed the complainant did not want to give evidence and the man agreed to her giving her testimony by video link.

The man did not deny it was his voice in a recording she had taken of him during a fight where “certain issions” were made. The defendant described himself as having a short temper.

Det Gda MacCarthy agreed the man is in custody since the date of the verdict and his new partner was present in court to him. She further agreed he has difficulties with drugs.

Letters were handed into court from his mother and sister by Ms Small in mitigation. A letter from his sister spoke of his chronic drug addiction and “does outline the difficulties he had growing up,” Ms Small told the court.

“I’d say it’s a very honest letter,” said Ms Small of his mother’s letter to the judge which stated the man had changed in recent times, and she had begun to build a new relationship with him.

“The evidence the court has heard is appalling,” said Ms Small.

A probation report before the court said that the man does not accept the rape, coercive control and assault causing harm.

He is now on good with his mother, she said. “He is throwing himself at the mercy of the court,” she said. “He is asking for some light,” she added.

A prison governor’s report stated that he was doing home economics, spinning classes and spending his time productively in custody.

Patrick Gageby SC, prosecuting, said the Director of Public Prosecutions (DPP) placed this case in the most serious sentencing category for rape offences of 15 years to life, on the basis of the “inherent seriousness” of the event of October 24th as well as the fact the man and woman were in an intimate relationship and that it happened in her own home while a child was present.

Ms Small said that she disagreed with the DPP’s view, noting that there was no abuse of a position of trust, no “disparity in ages” and “no gang rape”. “I respectfully have to disagree,” said Ms Small.

Ms Small said the man’s father died when his mother was pregnant with him. He attended his community school and has a huge interest in dogs. Ms Small said he had a very serious drug addiction.

“He acknowledges his behaviour is very challenging,” she said. Counsel said he was “experimenting” and “spiralled out of control”. “It impacted hugely on his relationships” and “he has taken steps in relation to that,” Ms Small added.

A letter from his new partner who was present in court outlined her relationship with him, counsel said.

Ms Small called his partner to give evidence. She gave birth to their child in December 2023 and “couldn’t have done it without” him.

She said he stopped smoking and drinking. She said she was “proud of him” that he “doesn’t smoke or take drugs”.

She said she sat through the trial and was “not naïve”. She said she would be “completely lost” without her best friend and partner.

If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help.

If you have been affected by any of the issues raised in this article, you can Women’s Aid (24-hour freephone helpline at 1800-341 900, email [email protected]) or Men’s Aid Ireland (confidential helpline at 01-554 3811, email [email protected]) for and information.