A man has been charged with sexually assaulting a woman in a Dublin hotel who was asleep after she had already withdrawn consent.
39-year-old Thomas Headon, with an address at Pearse Street, Dublin 2, is accused of sexual assault on a date in 2003.
Outlining the evidence, Detective Sergeant Bryan Hunt said the accused and the complainant, then in her late 20s, met while socialising in Temple Bar.
They returned to a Dublin 4 hotel room and engaged in consensual sexual activity in the toilet area.
After about 20 minutes, they ceased and discussed stopping the activity, and he acknowledged that with her.
The court heard after they stopped, she fell asleep on a bed but later felt someone on top of her, and her tracksuit bottoms were removed.
Defence solicitor Dara Robinson described the case as almost one of a kind.
He said they willingly engaged in a significant degree of sexual activity, and the woman withdrew consent in no uncertain terms.
The solicitor said Headon was very drunk and tried to "take a chance" of reawakening sexual activity.
However, when she woke up, she made her feelings clear in no uncertain terms, and he stopped and left.
He was later interviewed and subsequently left the country, the solicitor for the accused said his client returned in August and was charged.
After hearing a summary of the allegations, Judge Smyth refused jurisdiction and said he should send it to the Circuit Court, which has broader sentencing powers.
The accused was remanded on continuing bail to appear again in December.
If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800 77 8888, access text service and webchat options at drcc.ie/services/helpline/, or visit Rape Crisis Help.
In the case of an emergency, always dial 999/112.
