A DUBLIN man jailed for seven years for raping a 23-year-old woman he met at a Christmas dance has been released after serving one year.
Mr Justice Kinlen wished the 26-year-old man well after he suspended the final six years of the sentence at the Central Criminal Court yesterday. He said that while prisons were needed for some "bad people", often they seemed to be a "finishing school for criminals". It cost a minimum of £800 a week to keep a prisoner in custody and the Whitaker Report of to years ago had recommended the development of "radical alternatives to jail".
Mr Justice Kinlen said the accused man was suitable for community service under the supervision of the Probation and Welfare Service. He expressed the hope that the authorities would address the underfunding of the service.
He ordered the accused man to do 260 hours' community service, to stay under the supervision of his probation officer and to continue attending Alcoholics Anonymous. If he defaulted in any way he would go straight back to prison, he warned.
In June 1996 the defendant was jailed after he pleaded guilty to raping the woman on the night of December 16th-17th, 1994.
Mr Justice Kinlen had noted evidence that the defendant and the victim had been mutually attracted to each other. After leaving the dance together, they had gone to a quiet area to kiss and cuddle. The woman made it very clear she did not want sex but the accused man forced himself on her. He had no previous convictions.
Listing the case for review, the judge had told him to attend AA once weekly in prison and said he would consider putting the accused on community service if he received good reports.
When the case came back to court, defence counsel Mr Denis Vaughan Buckley SC said his client had attended AA twice weekly and there were favourable reports from the prison governor and the probation service.
Mr Buckley said his client was willing to continue going to the AA and to comply with any other direction of the court.