Description
A young man has narrowly avoided a prison sentence after offering a girl a place to stay after a night out in Falmouth before going on to grope her while she was asleep. Finian McCormick, 27, then sent the girl messages the next day saying that nothing had happened.
McCormick, of Bar Road in Falmouth, appeared at Truro Crown Court for sentence having pleaded guilty to sexual assault by touching.
Prosecuting the case, Jason Beal described how McCormick and the victim had been on a night out in December of last year. They visited Beer Wolf and then left the last pub between midnight and 1am.
The victim was feeling very sick and when they got to McCormicks flat he gave her a pair of shorts and a blanket so she could take off her jeans and get into bed. She kept the top half of her clothing on and wrapped herself up in the blanket. Mr Beal told the court that the victim then drifted off and woke to find McCormicks hand down her shorts and pants.
He was stroking her vagina and she could feel his erect penis behind her. Mr Beal said: At first she lay in a frozen state. She then got out of bed and put on her jeans. The defendant asked if she was okay and she began screaming at him. She picked up her belongings and ran off.
She then received a number of messages on Facebook Messenger telling her nothing happened and checking she was okay. There were further messages saying he thought she said yes (to sexual contact). McCormick went on to tell police that he believed she consented.
Defending, Rupert Taylor described McCormick as industrious and as someone who has started his own company. He said: There are a raft of references on his behalf. This was poor behaviour on just one occasion which is regrettable. It has led to shame not just for him but for his family. Every other aspect of his life was on track and he understands hes at fault.
Sentencing McCormick, Judge Simon Carr said the circumstances of the offence were truly appalling. He reiterated that the victim was so drunk she was physically sick and agreed to stay at McCormicks flat as she trusted him.
Judge Carr said: This is something shell have to carry for the rest of her life. On the other side of the equation you are 27 and of previous good character. Ive read references from your friends and previous partners.
In the vast majority of these cases defendants plead not guilty but you have showed courage by pleaded guilty and that allows me to pass a sentence quite different and take a truly exceptional course.
McCormick was given a nine-month prison sentence, suspended for two years. He must also complete 250 hours of unpaid work and a rehabilitation activity requirement. McCormick must now sign the sex offenders register and a restraining order was put in place.