A MAN who โpicked upโ a woman with a learning disability in Limerick City before bringing her back to his home has been jailed for two years for engaging in a sexual act with a protected person.
Peter Guerin (65), ofย Cois Sruthain, Croom, County Limerick, had never met the woman who travelled to Limerick from sheltered accommodation on April 30, 2018, with the intention of getting a train to Galway.
The court heard that the woman was considered a โprotected personโ under legislation due to her mild intellectual disability. A psychologistโs report indicated that the woman was โnot concrete in her thinking and would struggle to protect herself in the absence of immediate supportโ.
The report added that the woman โlacks emotional independence, was suggestable, and very vulnerable to exploitationโ.
Mr Guerinย pleaded guilty at the Central Criminal Court to engaging in a sexual act with a protected person on the date in question. His plea was accepted by the Director of Public Prosecution on the basis that he was reckless as to whether the woman was a protected person.
Mr Justice Tony Hunt viewed a video of the woman giving her victim impact statement to specialist Gardaรญ during an earlier sitting last November.
He said that it was โimmediately obvious to meโ and should have been obvious to Mr Guerin โthat he was dealing with someone with significant limitationsโ.ย He said it is clear that the woman has struggled in society and is a person who should be protected in law.ย He said Mr Guerin had effectively โpicked upโ the woman.
He accepted that โultimately sense prevailedโ and Mr Guerin โthought the better of proceeding any further with his escapadeโ and returned the woman to a Garda station.
Justice Hunt accepted that the plea was given on the basis of recklessness but added that โI am satisfied that her difficulties ought to have been obvious. He must have known fairly quickly that he was dealing with someone with these difficulties.โ
The judge set a headline sentence of five years and said he believed that a custodial sentence was warranted on the basis that the law exists to protect vulnerable members of society and that โthe complainant was without a doubt in that classificationโ.
Justice Hunt accepted that Mr Guerin had offended late in life, had no previous convictions, and had been of positive good character to date. He said, with people such as Mr Guerin, โthe sting in the punishment lies in the closing of the prison door behind themโ.
He accepted that โconsiderable weightโ should be given to Mr Guerinโs guilty plea considering the complainantโs limitation and how difficult a trial would have been for her, addingย that a prison term would be โa salutary experience for him and be uppermost in his mind should he ever have such thoughts againโ.
He imposed a two-and-half year prison term with the final six months suspended on strict conditions including that he stay away from the complainant, that he keep the peace and be of good behaviour for three years, and that he engage with the Probation Service for 12 months upon his release from prison.
Detective Garda Joseph Cusack told Roisin Lacey SC, prosecuting, that the woman told specialist interviewing Gardaรญ that she was at the bus station in Limerick City when Mr Guerin approached her and asked her if was she from the area, expressing concern for her safety and offering her a lift.
She told officers that she thought Mr Guerin was helping her. She knew the buses had left from Limerick and she had nowhere left to go.
She said that when she got into the car, Mr Guerin โdropped his handโ and she asked him to stop.
He replied โdo you want to be aroused?โ and asked her if she had a boyfriend. He said he was married and began to move his hand up her leg, but she pushed him away. He offered to let her stay in his house because she had nowhere else to go.
Detective Garda Cusack said that, on reaching Mr Guerinโs home, he offered the woman a cup of tea. He then opened her coat and went to touch her breasts, but she told him not to touch her.
The woman later told specialist Gardaรญ that she was โa soft eejitโ and agreed to go to a bed in Guerinโs home but he โtook advantageโ of her and got in beside her.
She told officers she โgave upโ and lay there, saying she was โso fed up because he wouldnโt listen to meโ.
She said she stayed quiet and he took off her clothes and cuddled her, โpawing meโฆ letting on that we were a coupleโ.
She said he kept making her touch his penis but she didnโt want to and he was also trying to kiss her.
The woman said she continued pushing him away and Mr Guerin told her he was trying to get her into the mood for sex, โbut I was not in the mood for sexโ.
Mr Guerin then brought the woman to Limerick where he told her she was a โbeautiful looking girlโ and gave her โฌ10 before he dropped her at a Garda station.
He asked the woman if she was โsure you wonโt report me?โ.
by Sonya McLean