skip to main content

Man sentenced to five years in jail for raping woman he met on app

Mr Justice Patrick McCarthy sentenced Sherlock to five years and took the theft of the woman's mobile phone into consideration
Mr Justice Patrick McCarthy sentenced Sherlock to five years and took the theft of the woman's mobile phone into consideration

A man convicted of raping a woman he met on the online dating app, Badoo, has been sentenced to five years in prison at the Central Criminal Court.

Martin Sherlock, 30, from Athlumney Wood, Navan in Co Meath, had pleaded not guilty to raping the woman at her Dublin home on 14 August 2015.

He had admitted stealing her mobile phone.

He was found guilty by a jury after the court heard the woman had not consented to sex without a condom but that he did not stop when she said "no".

Sentencing Sherlock, the presiding judge in the Central Criminal Court Mr Justice Patrick McCarthy said there had been a "regrettable" and a "pretty gross intrusion" into the victim's personal affairs and previous history of mental illness during the trial.

He said the woman had been telling herself she was an idiot but that could not be further from the truth. She had trusted Sherlock and he betrayed that trust.

The court heard the man was caught by "ingenious detective work" on the part of the investigating gardaí.

Sherlock and the woman had arranged to meet but she told him from the outset that they could not have sex without a condom.

They had other consensual sexual activity. She started to feel uncomfortable and he did not stop when she asked him to.

Sherlock would not go with the woman to get the morning after pill, she asked him for money but he told her he had none, and he stole her mobile phone before he left the house.

Prosecuting counsel, Eilis Brennan, told the jurors the key issue in the case was that the woman had said no to sex without a condom.

The woman said she thought Badoo was "a way to meet boys", but she did not know how to talk to them and said they just wanted sex after meeting.

The court heard Sherlock has no previous convictions.

He has since lost his job and his wedding, which was due to take place next month, has been cancelled.

He was arrested after gardaí arranged to meet him as he was selling a phone through DoneDeal.

He told gardaí: "I know she said no, but we had already started."

The court heard that he was "profoundly sorry" for the events and wanted to apologise to the woman.

Mr Justice McCarthy said the background to the case was "somewhat exceptional" and the events "somewhat unusual".

He said Sherlock persisted with sexual intercourse despite the woman refusing to have sex without a condom.

The judge said Sherlock had not shown any contrition and had contested the matter before a jury so he could not avail of the mitigation of a guilty plea.

He said the woman had suffered significant difficulties since the rape and there had been a "pretty gross intrusion" into her personal affairs and previous history of mental illness during the case.

The judge said he had received a number of testimonials on behalf of Sherlock stressing that he was a good step father.

He said this seemed to be a once off event from a person of otherwise good character. Although he said this was often the case in relation to sexual offences tried in his court.

He sentenced him to five years and took the theft of the woman's mobile phone into consideration.