A man who sexually abused a vulnerable woman in a swimming pool steam room has been jailed for six years.
Akbar Moqadar (36) was convicted of one count of oral rape in August 2022 following a Central Criminal Court trial last December.
Moqadar, with addresses in Greenwood Estate, Togher, Co Cork, and Glenworth Street, Limerick, continues to maintain his innocence.
He was on Monday sentenced to seven years with the final 12 months suspended for three years on strict conditions. As there is no connection between Moqadar and the woman, he can be named without affecting her right to anonymity.
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At an earlier sentence hearing, Judge Patrick McGrath directed that nothing should be reported which could identify the woman, who has an intellectual disability and is very vulnerable.
In a victim impact statement read to the court by the investigating garda, the woman said she felt embarrassed and could not believe what had happened.
She said she “can’t understand how any strange man would do that to me”. She said he “ruined everything” for her and that she worries about seeing the man again.
The woman said her life has changed, her independence has been affected and that she has not been to this swimming pool since the incident.
The court heard that the woman visited a swimming pool in Co Clare in August 2022 and encountered Moqadar when she went to a steam room. He exposed his penis to her and told her to perform oral sex, which she refused to do. He then used his hand to push the woman’s head towards his penis and orally raped her. She said Moqadar did not hurt her, but kept pushing her head.
The woman pulled away from him and he momentarily blocked her from leaving. She had a retching reaction and he asked if she was going to be okay.
Afterwards, the woman sought support from a female lifeguard but did not tell her any details. She disclosed what had happened to a social worker the following day. A report was immediately made to gardaí and a specialist interview later took place.
As part of the investigation, gardaí obtained Moqadar’s details from the swimming pool. CCTV from outside the steam room showed his and woman’s movements before and after the incident, which lasted some eight minutes.
Moqadar admitted being at the swimming pool when he was interviewed by gardaí. He initially said that what happened was consensual, but later changed his position, saying they did not touch each other.
The court heard that Moqadar is originally from Afghanistan and came to Ireland in 2018. He has one previous minor unrelated conviction from France.
The garda agreed with defence counsel that Moqadar did not know the woman before the incident and she did not know him. Counsel told the court that Moqadar is married and his wife and child remain in Afghanistan. He was working and sending money to them before going into custody in December.
Moqadar has some mental health issues, counsel said, and has limited English. The court was asked to take into account that his time in custody would be more challenging as a foreign national.
Defence counsel also submitted that this incident took place over a short time period and his client was not aware that the woman has an intellectual disability.
The court was told that if a part-suspended sentence was imposed with the condition that Moqadar return to Afghanistan, he would be willing to do this.
Imposing sentence, the judge noted the “grave effect” of the offence on the woman, including the impact on her independence. He accepted the defence’s submission that Moqadar could not be sentenced on the basis that he knew the woman had an intellectual disability.
