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Man who locked teen in bathroom before sexually assaulting her at party is jailed
The following day Carragher, sent a text saying “sorry about last night, was really drunk” but claimed he was apologising not for the assault but for “not ejaculating”
Yesterday at 21:11
A Co. Armagh man who locked a teenager in a bathroom where he sexually assaulted her was handed an 18 month sentence today.
Newry Crown Court heard that while a jury convicted Miceal Carragher of sexual assault and false imprisonment, the 21-year-old still maintains his innocence.
Ordering him to serve nine months in jail and the same under supervised licence, Judge Gordon Kerr KC said while the assault was not protracted, it had “required a degree of force while she was clearly resisting.”
“The effect of the behaviour upon the victim is significant and has undoubtedly affected her life in a significant way,” said the judge.
During the week long trial earlier this year, the jury heard how the victim and Carragher were both very drunk and along with two dozen other young people, ended up at a house party in the early hours of 7 September 2018.
Judge Kerr said that having pulled his victim into the downstairs bathroom, Carragher locked the door and “forcefully” held onto her.
He continued to keep her there “throughout an episode of sexual assault, the full details of which are now uncertain, but which, at least involve the defendant pushing her against the toilet, pressing [himself] against her and making an attempt to remove her undergarments”.
She was only able to free herself when, “having failed to remove her undergarments” Carragher released his grip and she was able to “fall to the floor and move away and ultimately escape”.
“On her account, he was exposed at the time, and she could feel him pressing against her back. The jury has determined that she did not consent to this assault, nor did he reasonably believe that she did,” said the judge.
The following day Carragher, from John F Kennedy Park in Bessbrook, sent the girl a text saying “sorry about last night, was really drunk” but he claimed he was apologising not for the assault but for “not ejaculating.”
Jailing Carragher, the judge said while both parties were drunk that was not mitigation but rather it made the victim “more vulnerable.”
In addition to the jail sentence, Judge Kerr also imposed a ten year restraining order and told Carragher he would have to sign the police sex offenders register for ten years.