Description
A man sexually assaulted a woman then begged her not to tell the police in text messages the next day.
James Navickas performed a sex act on his victim, which she previously told him she found the idea of "abhorrent".
A judge said the 28-year-old, of Joules Close, Walton, sexually assaulted her when she was "particularly vulnerable".
Judge Stuart Driver, QC, said: "Because she was so drunk, she was incapable of giving informed consent."
Liverpool Crown Court heard Navickas and the woman had both gone out drinking together before the attack.
Frank Dillon, prosecuting, said witnesses described her as being eight or nine out of 10 on a scale of drunkenness.
He said the woman had made plain to him previously that she found the idea of a type of sex "abhorrent".
Mr Dillon said they went to Navickas' home but she felt "very drunk" and went to bed, only to wake the next day in pain, with a "hazy" memory.
The court heard she remembered Navickas performing sex acts on her and her saying to him: "What the hell are you doing?"
The victim reported what happened to a friend and a family member, before she and Navickas exchanged text messages. He said the woman had made plain to him previously that she found the idea of a type of sex "abhorrent".
Mr Dillon said they went to Navickas' home but she felt "very drunk" and went to bed, only to wake the next day in pain, with a "hazy" memory.
The court heard she remembered Navickas performing sex acts on her and her saying to him: "What the hell are you doing?"
The victim reported what happened to a friend and a family member, before she and Navickas exchanged text messages.
Navickas said "I hope you're feeling better" and she replied "I remember what you did, don't deny it".
He replied: "I'm so sorry, f***ing idiot me."
The woman said "that's absolutely disgusting" and he responded: "I know, I don't even know what came over me, can't even say anything because there was no reason for me to do it."
She replied "it's like rape, just putting it bluntly like", to which he said: "There's no other way to put it, I'm sorry, I'm so, so sorry."
The woman continued "I don't know what to say, like what the actual f***", before adding: "It's not like rape, it is rape."
Navickas replied "I know, I don't know what came over me" before the woman told him she was "scared" of him.
The woman later said: "You sexually assaulted me and I will be taking it further. You're dangerous and me keeping it quiet is making it acceptable."
Navickas said: "Please, I'm asking you, as the last thing I will ever say to you, please can you not take it further, I'm looking to get help as soon as possible and speak to a therapist."
Mr Dillon said Navickas was arrested and gave a "no comment" interview when first spoken to by the police, at which stage the text messages were not available.
However, the texts were put to him in a second interview, when he "by and large admitted his wrongdoing", but denied performing the sex act she found abhorrent and denied that his victim was so drunk she didn't know what she was doing.
He later admitted sexual assault and two counts of assault by penetration.
Mr Dillon summarised a victim personal statement, in which the woman explained how she suffered from anxiety, depression and panic attacks, feels "she is not in control of anything anymore", and has "a feeling of shame that won't go away".
He said: "She has thoughts of not being here anymore - in other words, suicidal thoughts."
The woman, who regularly broke down and cried, said she felt like "a nervous wreck", which affected her social life and work.
Mr Dillon said the victim still suffers from anxiety and that she explained: "It's really hard. It never goes away - it's always on my mind."
Anthony O'Donohoe, defending, said Navickas indicated guilty pleas at the earliest opportunity and made "substantial admissions" in the second interview.
He said alcohol had been a "disinhibitor" for Navickas, who on that night had been drinking to excess and had "deficits in his consequential thinking skills".
Mr O'Donohoe said: "Had he stepped back, I daresay he never would have engaged in the activity that he did."
The barrister said Navickas, of previous good character, had a job and was working towards a managerial position.
He urged the judge to impose a sentence of two years or less in prison, which could be suspended, accompanied by "stringent" requirements to address his client's problems.
Mr O'Donohoe said: "This man clearly has the highest prospects of rehabilitation and is unlikely to ever darken the door of a court again."
Judge Driver said mitigating features of Navickas' case included his "previous good character", references which spoke "highly" of him, and his good employment record.
Jailing him for three and a half years, he said: "You showed genuine remorse by immediately confessing in text messages afterwards."
Judge Driver told Navickas to sign on the Sex Offenders Register for life and also made a restraining order to protect his victim.