Support from readers like you keeps The Journal open.
You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.
If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.
A LIMERICK LAW graduate has been handed a four-year prison sentence for the rape of a woman after they had been engaged in consensual sex after meeting in a pub earlier that night.
The sentence hearing at the Central Criminal Court heard that Eoin Considine (24) and the complainant had been engaging in consensual sexual intercourse which then became rough. The intercourse continued after the woman had withdrawn consent and begged Considine to stop, the court heard.
Considine of Old Barna Road, Newcastle West, Co Limerick had pleaded not guilty to rape of the woman at her then residence in the city on August 11, 2019. He was convicted after a trial last January.
The woman, a student nurse, told the trial that she was out drinking in a city centre pub with her friends when she met the defendant. They left together and went to her home where they began having consensual sex.
She said during this he began pulling her hair and banging her head against the headboard of the bed. He grabbed a fistful of her hair and she asked him to stop and he did but then did it again.
The court heard the sexual intercourse continued in a consensual way at this point. The woman testified that after a while the man became much rougher and “he put his hand around my neck and started to choke me”.
She said at one point she was unable to breathe and she was very frightened and was shaking her head to tell him to stop. She said he moved his hands on to her shoulders and was pinning her down.
The court heard that it was at this point she withdrew her consent and the man continued sexual penetration without consent.
“I started begging him to stop but he didn’t stop having sex with me,” she said. She said this lasted 90 seconds before she was able to move him off by getting her feet up and under him and pushing him away.
Considine apologised to the woman and told her he thought “she liked it” and that he’d had a previous girlfriend “that liked it”. He also told her he couldn’t stop because she was “so good looking”.
The woman was upset and asked Considine to leave. He initially refused and said he wanted to make sure she was okay but she told him she just wanted him to leave and he did, the court heard.
Imposing sentence yesterday, Mr Justice Paul McDermott said rape was a “very serious offence whatever form it takes”. He said rape was a “violation of the victim’s bodily integrity” and a “grossly invasive act of violence”.
The judge noted the prosecution had emphasised that there was “extensive consensual engagement” between the woman and Considine for most of their time together, except for the period of 60 to 90 seconds in question. He said the circumstances of this case are “somewhat unusual,” however consensual sexual engagement beforehand, “does not excuse a failure to stop”.
Mr Justice McDermott set a headline sentence of four and a half years. He noted that Considine accepts the verdict of the jury, but continues to deny rape. Mr Justice McDermott said there was no guilty plea or expressions of remorse which would allow the court to reduce the headline sentence substantially.
He said Considine’s regrets are focused on the impact of this case on his family, but there has been “little or no thought for the victim”.
Mr Justice McDermott handed Considine a prison sentence of four years. He also directed Considine to place himself under the supervision of the Probation Service for 18 months post-release.
In her victim impact report, the woman said that she was left with bruising on her arms and neck and suffered bleeding from her scalp. She said that she lost any sense of safety in her own bedroom and felt safer staying out all night than she did in her own bed.
She said she found it hard to move on from the idea that “that my primary worth only goes so far to provide sexual gratification” and as a result she became “hyper-sexual”. She said Considine’s defence used photos from her phone to try to portray her as promiscuous but that these photos were taken after the assault.
Advertisement
She said she experienced suicidal ideation and that during the trial she felt she had been the one on trial. Addressing Considine directly, she stated: “You’ve offered me no explanation, admission or remorse. You took so much from me in just 90 seconds.”
Justice McDermott said that the evidence was that the sexual activity was consensual up to the point at which Considine pinned the woman down by her shoulders.
After the woman identified Considine through Instagram and Facebook, gardaí contacted Considine by phone and he knew why they were calling. He told gardaí: “I got it wrong, it was wrong, is she okay, I took things too far, I need to face up to that,” but during the trial he attempted to resile from these admissions, Lisa Dempsey BL, prosecuting, told the court.
Defending counsel Kathleen Leader SC handed over a dozen testimonials into court from local business owners in Co Limerick. She said everyone who knew her client spoke well of him as a hard-working, gentle and inclusive young man who did his best to help people and who contributed to the community.
She said what happened on the night in question was “very much out of character”. Considine has no previous convictions and qualified with a law degree from University College Cork.
A consultant psychiatrist who treated him stated that since the allegations he has suffered with severe depression and significant suicidal behaviour.
Justice McDermott noted that the woman’s victim impact statement outlined the impact of this incident on her life and that it had affected her “sense of security” in her own home and in intimate relationships.
He noted that certain aggravating factors are absent in this case and said this was not a “premediated or predatory offence”.
Justice McDermott noted that Considine was a “very young man” at the time with “considerable prospects notwithstanding his conviction”. He said he took into consideration the mitigation on behalf of Considine including that he is considered to be at low to moderate risk of re-offending.
Mr Justice McDermott also directed the man to have no contact with the victim through any means.
The complainant is legally entitled to anonymity and nothing can be published that would tend to identify her.
Additional evidence
One childhood friend of Considine wrote in his testimonial that he never knew the defendant to be “anything but respectful to women” and “doesn’t know he could be convicted of this crime”.
Ms Leader said that the author of all the character references were aware of the rape conviction.
A hotel manager confirmed that Considine had previously worked for the hotel and described him as a model employee who was professional and reliable.
An accountant who assisted Considine with a mobile food business he had set up during the lockdown said he would consider the accused as a suitable candidate for employment in his firm in the future.
Considine’s GP stated that he comes from a very respectable family and asked the court to take into consideration how the prosecution has affected his mental health.
A chartered accountant, writing in a personal capacity, described the defendant as “an earnest and well mannered young man” who was “sensitive and respectful of those around him”. He noted Considine’s “strong sporting and social interests including the local GAA and golf club”.
An agricultural contractor told the court he was a father of three daughters but that he would have no concerns or difficulty giving Considine a job in the future.
Another man referred to Considine’s passion for local GAA and said he found it hard to believe the young man he knows would contemplate rape let alone carry it out.
Ireland needs 23 beds for eating disorders - but seven years on, there's still no sign of them
Paul O'Donoghue
9 hrs ago
9.6k
35
Catholic Church
Vatican says Pope Francis 'rested well all night' in hospital, after 'slight improvement' in condition
Updated
1 hr ago
4.5k
8
Murder Investigation
American mother drops newborn to death from Paris hotel window
19 hrs ago
51.1k
Your Cookies. Your Choice.
Cookies help provide our news service while also enabling the advertising needed to fund this work.
We categorise cookies as Necessary, Performance (used to analyse the site performance) and Targeting (used to target advertising which helps us keep this service free).
We and our 152 partners store and access personal data, like browsing data or unique identifiers, on your device. Selecting Accept All enables tracking technologies to support the purposes shown under we and our partners process data to provide. If trackers are disabled, some content and ads you see may not be as relevant to you. You can resurface this menu to change your choices or withdraw consent at any time by clicking the Cookie Preferences link on the bottom of the webpage .Your choices will have effect within our Website. For more details, refer to our Privacy Policy.
We and our vendors process data for the following purposes:
Use precise geolocation data. Actively scan device characteristics for identification. Store and/or access information on a device. Personalised advertising and content, advertising and content measurement, audience research and services development.
Cookies Preference Centre
We process your data to deliver content or advertisements and measure the delivery of such content or advertisements to extract insights about our website. We share this information with our partners on the basis of consent. You may exercise your right to consent, based on a specific purpose below or at a partner level in the link under each purpose. Some vendors may process your data based on their legitimate interests, which does not require your consent. You cannot object to tracking technologies placed to ensure security, prevent fraud, fix errors, or deliver and present advertising and content, and precise geolocation data and active scanning of device characteristics for identification may be used to support this purpose. This exception does not apply to targeted advertising. These choices will be signaled to our vendors participating in the Transparency and Consent Framework.
Manage Consent Preferences
Necessary Cookies
Always Active
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work.
Targeting Cookies
These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
Functional Cookies
These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then these services may not function properly.
Performance Cookies
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not be able to monitor our performance.
Store and/or access information on a device 104 partners can use this purpose
Cookies, device or similar online identifiers (e.g. login-based identifiers, randomly assigned identifiers, network based identifiers) together with other information (e.g. browser type and information, language, screen size, supported technologies etc.) can be stored or read on your device to recognise it each time it connects to an app or to a website, for one or several of the purposes presented here.
Personalised advertising and content, advertising and content measurement, audience research and services development 136 partners can use this purpose
Use limited data to select advertising 106 partners can use this purpose
Advertising presented to you on this service can be based on limited data, such as the website or app you are using, your non-precise location, your device type or which content you are (or have been) interacting with (for example, to limit the number of times an ad is presented to you).
Create profiles for personalised advertising 78 partners can use this purpose
Information about your activity on this service (such as forms you submit, content you look at) can be stored and combined with other information about you (for example, information from your previous activity on this service and other websites or apps) or similar users. This is then used to build or improve a profile about you (that might include possible interests and personal aspects). Your profile can be used (also later) to present advertising that appears more relevant based on your possible interests by this and other entities.
Use profiles to select personalised advertising 77 partners can use this purpose
Advertising presented to you on this service can be based on your advertising profiles, which can reflect your activity on this service or other websites or apps (like the forms you submit, content you look at), possible interests and personal aspects.
Create profiles to personalise content 37 partners can use this purpose
Information about your activity on this service (for instance, forms you submit, non-advertising content you look at) can be stored and combined with other information about you (such as your previous activity on this service or other websites or apps) or similar users. This is then used to build or improve a profile about you (which might for example include possible interests and personal aspects). Your profile can be used (also later) to present content that appears more relevant based on your possible interests, such as by adapting the order in which content is shown to you, so that it is even easier for you to find content that matches your interests.
Use profiles to select personalised content 33 partners can use this purpose
Content presented to you on this service can be based on your content personalisation profiles, which can reflect your activity on this or other services (for instance, the forms you submit, content you look at), possible interests and personal aspects. This can for example be used to adapt the order in which content is shown to you, so that it is even easier for you to find (non-advertising) content that matches your interests.
Measure advertising performance 127 partners can use this purpose
Information regarding which advertising is presented to you and how you interact with it can be used to determine how well an advert has worked for you or other users and whether the goals of the advertising were reached. For instance, whether you saw an ad, whether you clicked on it, whether it led you to buy a product or visit a website, etc. This is very helpful to understand the relevance of advertising campaigns.
Measure content performance 60 partners can use this purpose
Information regarding which content is presented to you and how you interact with it can be used to determine whether the (non-advertising) content e.g. reached its intended audience and matched your interests. For instance, whether you read an article, watch a video, listen to a podcast or look at a product description, how long you spent on this service and the web pages you visit etc. This is very helpful to understand the relevance of (non-advertising) content that is shown to you.
Understand audiences through statistics or combinations of data from different sources 75 partners can use this purpose
Reports can be generated based on the combination of data sets (like user profiles, statistics, market research, analytics data) regarding your interactions and those of other users with advertising or (non-advertising) content to identify common characteristics (for instance, to determine which target audiences are more receptive to an ad campaign or to certain contents).
Develop and improve services 82 partners can use this purpose
Information about your activity on this service, such as your interaction with ads or content, can be very helpful to improve products and services and to build new products and services based on user interactions, the type of audience, etc. This specific purpose does not include the development or improvement of user profiles and identifiers.
Use limited data to select content 38 partners can use this purpose
Content presented to you on this service can be based on limited data, such as the website or app you are using, your non-precise location, your device type, or which content you are (or have been) interacting with (for example, to limit the number of times a video or an article is presented to you).
Use precise geolocation data 43 partners can use this special feature
With your acceptance, your precise location (within a radius of less than 500 metres) may be used in support of the purposes explained in this notice.
Actively scan device characteristics for identification 25 partners can use this special feature
With your acceptance, certain characteristics specific to your device might be requested and used to distinguish it from other devices (such as the installed fonts or plugins, the resolution of your screen) in support of the purposes explained in this notice.
Ensure security, prevent and detect fraud, and fix errors 86 partners can use this special purpose
Always Active
Your data can be used to monitor for and prevent unusual and possibly fraudulent activity (for example, regarding advertising, ad clicks by bots), and ensure systems and processes work properly and securely. It can also be used to correct any problems you, the publisher or the advertiser may encounter in the delivery of content and ads and in your interaction with them.
Deliver and present advertising and content 96 partners can use this special purpose
Always Active
Certain information (like an IP address or device capabilities) is used to ensure the technical compatibility of the content or advertising, and to facilitate the transmission of the content or ad to your device.
Match and combine data from other data sources 68 partners can use this feature
Always Active
Information about your activity on this service may be matched and combined with other information relating to you and originating from various sources (for instance your activity on a separate online service, your use of a loyalty card in-store, or your answers to a survey), in support of the purposes explained in this notice.
Link different devices 50 partners can use this feature
Always Active
In support of the purposes explained in this notice, your device might be considered as likely linked to other devices that belong to you or your household (for instance because you are logged in to the same service on both your phone and your computer, or because you may use the same Internet connection on both devices).
Identify devices based on information transmitted automatically 84 partners can use this feature
Always Active
Your device might be distinguished from other devices based on information it automatically sends when accessing the Internet (for instance, the IP address of your Internet connection or the type of browser you are using) in support of the purposes exposed in this notice.
Save and communicate privacy choices 64 partners can use this special purpose
Always Active
The choices you make regarding the purposes and entities listed in this notice are saved and made available to those entities in the form of digital signals (such as a string of characters). This is necessary in order to enable both this service and those entities to respect such choices.
have your say