15 years for rape of pensioner

A Tipperary man with 60 previous convictions has been sentenced to 15 years for the rape of a 74-year-old widow.

A Tipperary man with 60 previous convictions has been sentenced to 15 years for the rape of a 74-year-old widow.

Joseph Cummins (20), St Joseph's Park, Nenagh, Co Tipperary, was convicted by a jury at the Central Criminal Court in Limerick last month of raping and anally raping the pensioner who is now aged 75.

He was also convicted of burglary of her home but, by direction of the court, not guilty of threatening to kill his victim on May 22nd, 2005.

He had denied all counts of raping the woman, and a further charge of stealing money from her home.

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After the unanimous guilty verdict was returned, it was revealed that Mr Cummins had amassed 60 previous convictions. The court also heard he was on bail at the time he committed what Mr Justice Paul Carney described as an "appalling outrage".

Because of the not guilty plea, the victim, whose name cannot be reported to protect her privacy, was forced gave a harrowing account of how she was twice raped.

She told the trial of how her assailant pulled her nightdress over her face while he raped her for "what felt like about 10 minutes".

"I kept asking him to stop, that he was hurting me, he said if I did not shut my mouth he'd really hurt me," the victim said.

Cummins then anally raped her. She said she tried to scream but had a pain in her chest and was unable to catch her breath.

"He said 'there's nothing wrong with you' and that I was well able for it."

When her assailant finally left the house with her purse containing about €135, he warned her not to call the gardaí, the court heard.

"He said, 'I wasn't here, and if any gardaí are brought I'll be back and I'll really hurt you. You'll never walk the streets again'," she said.

In her victim impact statement today the victim said she had moved home and has set fire to the armchair in which she had been attacked.

She also said her family heard the full details for the first time during the trial.

She also said she had been independent while living alone and would meet friends in the town before her ordeal. Now, she lived in fear and had considered committing suicide.

Mr Justice Paul Carney was told by the victim's daughter and granddaughter that when he was being led out in Limerick after his conviction, Cummins turned to them saying: "This is not over yet."

They said he then thumped the jury box as he passed it while prison officers used an envelope to shield his eyes to stop him staring at the victim and her family.

Mr Justice Carney said the threat led him to consider imposing a life sentence but would not because of Cummins's young age. However, he was declared a sex offender and a post-release supervision order lasting 10 years was attached to two 15-year sentences for rape and a five-year sentence for burglary to run concurrently.

His sentence is to start at the expiration of an 18-month term Cummins currently serving.

Mr Justice Carney also paid tribute to the Garda investigation that led to the conviction.