Description
A sex attacker who molested and photographed a sleeping friend had his arm snapped in "retribution".
Lee Monaghan, now 48, targeted the woman, who was in her 20s, after she had earlier come to his aid.
She woke to find him sexually assaulting her, when he brazenly claimed he thought she had consented.
But after he confessed in texts the next day and begged for forgiveness, the victim's sister and others went to his home.
Monaghan suffered a broken arm, which both his own lawyer and a judge today remarked many people would say he "deserved".
Liverpool Crown Court heard the attack happened at Monaghan's home in Smollett Street, Bootle late one night in 2017.
Arthur Gibson, prosecuting, said the victim had come across Monaghan "arguing furiously" with another man.
She defused the situation and took Monaghan back to his home, before leaving, only to later return to check he was okay.
Mr Gibson said they chatted, drank a significant amount of alcohol and likely both took drugs, before the woman fell asleep on a settee.
The court heard he sexually assaulted her by pulling down her lower clothing, touching her and photographing her naked body.
The victim was totally unaware of this until police discovered the photos when they seized his mobile phone.
Mr Gibson said Monaghan committed a further more serious sexual assault, which caused her to wake up.
She demanded to know what he thought he was doing and Monaghan said he thought she wanted him to do it, even though she had been "fast asleep".
The angry and upset victim walked home but bumped into a friend and through tears said: "I told him I didn't want it but he done it anyway."
The following morning the crying woman rang another friend and said "I didn't want him to do it", adding: "Jugsy done things to me."
The friend went to her house and found her in the bath crying, saying "I didn't want him to do it" over and over again, so called her mum, who rang the police.
Mr Gibson said Monaghan effectively admitted what he had done in a series of texts from 9.30am, after first asking the victim if she was "alright".
She replied "are u messing after u touch me why I was asleep" adding "thats's called rape you do now that".
Monaghan replied: "I no. am so sorry plz forgive me x"
He then begged "plz av said am sorry", "let me come an c ye plz am so sorry", "soz sorry sorry **** plz am so sorry" and "plz don't hate me now x".
Mr Gibson said the victim's sister and a number of friends went to see Monaghan, who was physically assaulted.
He fled his home and went to a friend's house, where he was arrested, but first had to be taken to hospital due to his fractured arm.
When interviewed the next day, he admitted having a "little play with her below" but denied anything else, until confronted with the photos in a second interview in 2019, when he admitted putting his hand in her underwear but denied any further sexual assault.
Monaghan, of Linacre Road, Litherland, admitted assault by penetration on the opening day of a trial, having previously admitted sexual assault.
The court heard he had previous convictions for assault, but nothing for sexual offences.
Trevor Parry-Jones, defending, said Monaghan had a "big problem with alcohol" but had since attended drug and alcohol courses.
He said his client quit using any "hard drugs" and while he still smoked cannabis, also "greatly reduced his alcohol consumption".
Mr Parry-Jones said Monaghan's girlfriend sitting in the public gallery knew of his crimes but was prepared to help him.
He said: "Obviously they have great respect for each other and she will assist him and hopes he can come home."
The lawyer said Monaghan was "ashamed" and "horrified" by his actions, for which he had already been "punished".
He said Monaghan had to have his arm set at hospital following what was a "proper fracture" and a "proper beating".
Mr Parry-Jones added: "Many would say he deserved it."
He said following that "retribution" Monaghan was "fearful" and moved away from the area.
The barrister said Monaghan's dad died in 2015, his sister died in 2016, one of his brothers lives in America, and his other brother has cancer.
Urging the judge to spare him jail, he added that his mum was 84 and Monaghan "does everything for her".
Judge Trevor-Jones said the victim was a friend of Monaghan's but "nothing more than that" who had tried to help him.
He said Monaghan sexually assaulted her "as she lay there clearly quite defenceless and unaware".
The judge said the victim blamed herself, was left more reserved socially and it worsened her mental health issues.
Judge Trevor-Jones told Monaghan people "understandably angry" went to his home when "it seems you were then the subject of an assault".
He said he took account of these "violent consequences", but added: "Many will say you probably thoroughly deserved that."
The judge said from a starting point of 30 months he deducted six months because of the "considerable delay", some of which was of Monaghan's making, and the fact he had no previous relevant convictions.
Giving him credit for his guilty plea, he further reduced the sentence to 21 months, then deducted two months to take account of the "retribution", and a further one month for the effect of serving a prison term during the pandemic.
Jailing him for 18 months, he said a case involving "the sexual exploitation of a vulnerable woman who was asleep" demanded immediate custody.
Judge Trevor-Jones told him to sign the Sex Offenders Register for 10 years and made a four-year restraining order.
Speaking after the case, Detective Constable Julia Jennings said: "Monaghan consistently lied to police about what took place in his home in the early hours of that morning and has forced his victim to relive her ordeal by denying that he sexually assaulted her.
"I would like to pay credit to her as she has shown immense courage and strength throughout the whole of this investigation.
"Unfortunately because of the Covid pandemic this case has been repeatedly delayed so I am pleased that Monaghan has now been put before the courts and sentenced for his crime and I hope it now affords his victim the chance to get on with her life.
"I also hope that this will encourage other victims to come forward and speak to us.
"We take issues such as this extremely seriously and specialist officers are on hand to offer support and guidance through the courts process."