A convicted sex offender has been jailed for 10 years for raping and assaulting his then partner in the woods in an attack demonstrating an “appalling level of degradation”.
During the attack, Dylan McMahon (31) pushed dog faeces, sticks and leaves into the woman’s mouth until she could not breathe, the Central Criminal Court heard. He then led her through the woods, telling her he had dug her grave and she was going to die that day.
McMahon, of Kilpatrick, Kildangan, Monasterevin, Co Kildare, was convicted of rape, aggravated sexual assault, false imprisonment and making threats to kill or cause serious harm on July 17th, 2022, following a trial last year.
He pleaded guilty to assault causing harm on the same date.
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The court heard the woman wants to retain her right to anonymity, but has no issue with McMahon being named.
McMahon has 36 previous convictions. He is currently serving a sentence of six years with the final year suspended for theft and for assault causing harm to a sex worker in March 2019.
He is also serving a two-year and nine-month sentence for offences including robbery.
McMahon sustained a traumatic brain injury in 2015 following a road traffic accident. He does not accept the verdict of the jury, the court was told.
Imposing sentence on Monday, Judge Patrick McGrath noted the prolonged and repeated nature of the attacks and the “appalling level of degradation” visited upon the woman.
McMahon interrupted the hearing several times, at one point saying: “It’s a joke, your honour.”
McGrath said he must consider the impact of McMahon’s traumatic brain injury and mental health difficulties on his culpability.
He imposed a sentence of 12 years, with the final two years suspended for five years on strict conditions. He directed that this sentence should run consecutive to the sentence for assaulting the sex worker, as McMahon was on bail for those offences when he committed these.
McMahon told the court: “I don’t agree to be sentenced for rape which I did not do. I agree to the bond. I’ve no choice but to agree to the bond.”
The judge granted an application from the defence to extend legal aid in event of an appeal.
An investigating garda outlined during a previous hearing that McMahon and the woman began a relationship after meeting online. The woman lived in a different part of the country and would often stay at McMahon’s home in Kildare.
On the day in question, the court heard both parties had taken some drink before McMahon left the house. He returned and asked the woman to accompany him to a nearby shop with a man who had arrived in a van.
McMahon asked the woman to withdraw €300 to pay for cocaine, but she could only withdraw €100. She gave the cash to McMahon, who was unhappy with the amount.
The van driver dropped McMahon and the woman near the entrance to Moore Abbey Woods in Co Kildare.
McMahon took some cocaine and then assaulted the woman as they walked through the woods.
Evidence was heard that McMahon subjected the woman to a sustained assault by punching her, grabbing her hair, kicking, spitting and striking her with his fists.
McMahon threatened her, saying: “You are going nowhere, your grave is in here.” The assault continued as they walked through the wood and the woman was bleeding from her face and chin.
While in the woods, McMahon forced the woman to the ground, then subjected her to an aggravated sexual assault before raping her.
He pushed leaves, sticks and dog faeces into her mouth, leaving the woman struggling to breathe.
When he was finished, McMahon stood up and made a victory gesture. They continued to walk through the woods, with McMahon repeating the threats to kill her and place her in a grave.
Two women were passing nearby and the victim went to them for support. She was also helped by women at a halting site, one of whom described the victim as missing patches of hair. The woman was bruised all over after the incident.
The family at the halting site looked after the woman, later bringing her home.
When arrested, McMahon denied the allegations and claimed the woman had assaulted him, leaving him with bruises and marks.
In a victim impact statement, the woman said McMahon seemed nice at first and she “never expected he would be capable of raping me” or would “try to take my life in such a violent way”.
She said she thought her life was over and she “believed him when he said he had my grave dug for me”. She was grateful for the support of the two women, and said: “If not for them, I thought I would be killed.”
She described experiencing flashbacks, nightmares and being constantly on edge. The woman said she was unable to return home and has been living in homeless accommodation.
She said she hopes by speaking out that it will stop harm coming to another person.
Carl Hanahoe SC, defending, said his client maintains his innocence in relation to the sexual crime and the false imprisonment charge.
However, he said McMahon wished to apologise for the assault.
