Man (37) who anally raped woman on their first date is jailed
A man who anally raped a woman on their first date, despite her telling him repeatedly he did not have her legal consent to do so, has been jailed for five years and three months.
Gary Coffey (37) formerly of Leinster Road West, Dublin, was found guilty by a jury of one count of anal rape and one count of sexually assaulting the woman at his home address in January 2023 following a Central Criminal Court trial in March this year.
The court heard the victim in the case wished to keep her anonymity and did not wish for Coffey to be named. However, he is not legally entitled to anonymity as there is no link between him and the victim that could lead to her identification.
Sentencing Coffey, Ms Justice Karen O'Connor said the aggravating factors included that the offending took place in Coffey's home, a place where the victim had been invited and should have been safe.
The judge noted that it was 'important to remember' that consent to sexual activity can be withdrawn. She added that the jury heard evidence during the trial that there was consent to certain sexual activity, but not to anal sex.
The judge set a headline sentence of seven years, which she reduced to six years, having considered the mitigation and Coffey's personal circumstances.
She suspended the final nine months of the sentence on strict conditions, including that Coffey place himself under the supervision of the Probation Service for 12 months post-release, and backdated the sentence to when he entered custody in March.
The court heard the pair had met on an online dating website and had arranged to go for drinks on the evening in question, but Coffey asked the woman to come to his house instead as he needed to have a shower.
Detective Garda Seán Carrick told the court that the pair had some drinks in Coffey's bedroom as the woman did not wish to meet his mother. They started engaging in consensual sexual activity, but Coffey said he didn't want to use a condom and instead asked the woman to let him have anal sex.
The woman refused, saying she had never done this before and had no wish to do so. They had consensual vaginal sex but Coffey kept pestering the woman to let him have anal sex with her.
The court heard the woman told Coffey he did not have legal consent to have anal sex with her, later telling gardaí she could not have been more clear in relation to her wishes. At one point, when Coffey went to the bathroom, she got dressed, but Coffey told her she couldn't leave and persuaded her to come back to bed.
While there, he inserted a finger in her anus and then anally raped her. The woman was terrified, and Coffey had his arms around her chest to the point where she felt like she was choking. She managed to escape the bed and left the house quickly.
She then blocked Coffey on the dating website and WhatsApp, and when he phoned her repeatedly, she blocked his number. She contacted the rape crisis centre and gardaí shortly afterwards and was taken to a sexual assault treatment unit.
When Coffey's home was searched, gardaí found five tasers and a quantity of cannabis. He was convicted of these offences and has a total of eight previous convictions, the court heard.
Gardaí also seized his phone and saw messages Coffey had sent to his brother and friends.
Coffey later told gardaí that it was the complainant who insisted on anal sex and that she became angry when he started using 'dirty talk'.
In his plea of mitigation, Seamus Clarke SC, defending, said a psychological report prepared for the court indicated that Coffey potentially had a form of autism and attention deficit hyperactivity disorder in addition to mental health issues.
The report concluded that if Coffey addressed his poor mental health and potential neurodivergence and addiction issues, he would then be at a lower risk of re-offending.
Mr Clarke said his client had written a letter to the court stating that this offending was out of character for him and does not reflect the kind of person he is.
'I have come to understand that my understanding of consent is flawed,' Coffey said in the letter, adding that he prides himself on being respectful and kind to everyone he meets.
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'I am not a bad person and I never intended to cause harm,' Coffey continued, before he said he was deeply sorry for the hurt he had caused.
He said he hopes he can also move forward 'with compassion and accountability'.
Mr Clarke told the court that Coffey now accepts that he was wrong and didn't have the woman's consent, even though the probation report concluded that while he accepts the jury's verdict, he is not accepting responsibility for the rape.
If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help
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