Man who engaged in sexual activity with a woman with learning disability is jailed

A Navan father of two was sentenced to seven years in prison after engaging in sexual activity with a woman who has a mild learning disability.

Kevin White (60), from Boyerstown, Navan was in Trim Circuit Court on 24th February charged with two counts of sexual assault.

Judge John Martin said Mr White’s actions show a malicious intent to take advantage of a vulnerable and protected person.

Detective Garda Rachel Carr told the court Mr White asked the injured party if she needed a lift which she refused back in May 2021 in Navan . The accused then followed her home and asked if he could come in. The injured party said there was someone home before he left the scene.

The court heard on the following day the accused arrived at the home again and when the injured party opened the door he forced his way in and started kissing her. He proceeded to have sexual intercourse with the woman before leaving. She took a picture of the man and the registration of his car which was later used to identify Mr White.

Several weeks later the injured party reported the incident to a social worker who contacted Gardaí. The court heard the woman didn’t make a statement to Gardaí because she didn’t want her family to know what happened and was worried about her independence.

The court heard Mr White was interviewed regarding this incident where he admitted to having intimate contact but said he was rubbing against her and no sexual intercourse took place. Mr White was told of the injured party’s mental disability and to stay away from her.

Detective Carr told the court in March 2022 she reported another incident where Mr White arrived at her home with condoms and a thong. He pulled or escorted her into the bed before engaging in sexual intercourse again.

The court heard the accused told the injured party “don’t report me, you reported me last time”.

She later reported this incident to her support worker who in turn contacted Gardaí. Detective Carr told the court she attended the injured party’s home where condoms and a thong were retrieved. Mr White was interviewed again where he accepted there was intimate contact but denied sexual intercourse took place.

The court heard a number of weeks after this offence another incident was reported to Gardaí where the accused was talking to the injured party in Navan. The injured party told Gardaí she thought he was asking her to get in his car but Mr White told Gardaí he was just saying hello. Gardaí repeated the warning to the accused that he should stay away from the injured party and she was brought back to her home.

The accused pleaded guilty to both charges in court before a trial took place.

The injured party read her victim impact statement to the court, saying she was terrified when it was happening and “I didn’t feel safe in my own home for a long time”. She had a hard time eating and sleeping after it happened and suffered from depression. The court heard she felt alone during this time because she wanted to protect her family and didn’t tell them about the incidents but felt proud of herself for ringing Gardaí and doing the interviews with them. The injured party told the court she never should have been forced into that situation.

Defending Barrister Kathleen Leader SC told the court neither she nor the psychiatric assessment can give an explanation for Mr White's actions against the injured party. He has lost his job and his standing in the community since these offences took place. The court heard Mr White has lived an unremarkable life supporting his wife and two daughters and has only dealt with Gardaí once previously on a road traffic matter.

SC Leader told the court he supports his wife who lost her eyesight and is dependent on him on a daily basis. The defending barrister told the court she is the person who will suffer the most from Mr White’s guilty plea because she will no longer have the daily support she needs and due to the shame and humiliation this has brought upon her.

Judge Martin said the injured party “who is a most impressive person” suffered abuse from the accused, noting how she felt ashamed and afraid because of what happened to her. The judge also complimented her for the manner she gave evidence and how she has kept her life on track.

Mr White was given a seven year prison sentence with an additional 12 months suspended for two years. He is to remain on the sex offender register indefinitely.

The judge said to the injured party and her family he is sorry for the position they were put into and “that must be deeply traumatic for all of you”.