Girl, 17, who was molested at school's Christmas party endured 'slut' jibes

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A young woman told a court how she was called a “slut” after she was sexually molested at a Christmas party for Crescent College Comprehensive sixth-year students while the perpetrators were referred to as “rugby lads”.

Claire O’Dowd, who was 17 at the time of the offences on December 22, 2017, waived her right to anonymity after reading out her victim impact statement in Limerick Circuit Criminal Court on Friday.

“After six years, the tape has finally been lifted and I will be silenced no more. Never again,” said Ms O’Dowd. 

Daniel Feasey, aged 18 at the time and now 24, of Rossville, Patrickswell, and John Hurley, aged 17 at the time and now 23, of Knockbrien, Ballyneety each pleaded guilty to one count of intentionally engaging in offensive conduct of a sexual nature.

Mr Feasey was the school’s senior cup captain in 2017 / 2018 and on provincial panels at under 17, 18 and 19 levels while Mr Hurley is also a very successful rugby player, according to their respective counsels.

Prosecuting barrister John O’Sullivan, instructed by State solicitor Padraig Mawe, outlined the case with the assistance of Sergeant David Boland.

Mr O’Sullivan said the victim and the two accused attended a Christmas party. It took place in Old Crescent RFC’s clubhouse, Rosbrien, Limerick city on December 22, 2017.

Mr O’Sullivan said Ms O’Dowd was in the clubhouse waiting for her friends when Mr Feasey, Mr Hurley and a third male (referred to in court as Mr X) “insisted” she go outside.

Mr X was found not guilty by a jury of intentionally engaging in offensive conduct of a sexual nature following a trial at Limerick Circuit Criminal Court in February. He was represented by Erin O’Hagan BL, appearing with Amy Nix BL, instructed by solicitor Sarah Ryan.

Ms O’Dowd was told her friends were outside.

The victim was led by Mr Hurley down a ramp and around the back of the clubhouse. Mr Feasey and Mr X were in the “vicinity”, the court heard.

“Ms O’Dowd felt a bit uncomfortable and tried to pull away from Mr Hurley. She was tipsy and fell on her left side. Mr Hurley picked her up by the armpits. Ms O’Dowd told gardai she was kind of placed up against a wall by Mr Hurley. Mr X and Mr Feasey had their penises in their hands. Mr Feasey said, ‘You are going to give us all head and we will talk about it to see who you gave the best head to’. Ms ODowd said, ‘I am not going to do that’.

“Ms O’Dowd said Mr X and Mr Feasey had girlfriends. Mr Hurley did not say anything and did not have himself exposed. Mr Feasey and Mr X were saying ‘come on’. Ms O’Dowd repeated her unwillingness. At this point Mr Feasey and Mr X left,” said Mr O’Sullivan.

The prosecuting barrister said Mr Hurley came closer to Ms O’Dowd who told him, “I am not doing anything with you”. He started to feel Ms O’Dowd outside her clothes. She asked, “What are you doing?”. Mr Hurley said, ‘Don’t worry’. Ms O’Dowd said, ‘No, I don’t want you to do that’.

“Mr Hurley leaned in to kiss her. She tried to pull away. Mr X and Mr Feasey came back. They had their penises on display.

Mr Feasey repeated that Ms O’Dowd would give them head. Mr Hurley produced his penis,” said Mr O’Sullivan.

The barrister said the three men were in front of Ms O’Dowd.

“Mr Feasey pulled a rope of her pants. He put his hand inside her pants and underwear. He put a finger inside her vagina.

"Ms O’Dowd said it was done with such force that she moaned in pain. Mr X said, ‘She likes that doesn’t she’. Mr Hurley started rubbing her crotch outside her trousers.

"Mr Feasey had his fingers inside her vagina. She could feel Mr Feasey’s fingers moving in and out of her vagina. Mr Hurley was feeling her clitoris area outside her pants. She said stop. They continued. Her friends called her name. The accused took their hands away and ran away,” said Mr O’Sullivan. The victim said it lasted for “no more than a minute”.

Ms O’Dowd spoke to the school chaplain of Crescent College Comprehensive, Dooradoyle, on January 10, 2018 following the Christmas holidays after Ms O'Dowd became aware of gossip around the school over what allegedly happened at the party and a certain amount of taunting. The chaplain contacted gardai and an investigation commenced.

Mr O’Sullivan, in summing up the case, said Ms O’Dowd was sexually molested by two contemporaries of hers from school.

“There was much discussion, speculation, taunting and remarks made to her by people who didn’t know any better. She did nothing to bring it upon herself,” said Mr O’Sullivan.

Mr Feasey was defended by Colman Cody SC, appearing with Kenneth Kerins BL, instructed by solicitor Julianne Kiely.

Mr Cody read out a letter of apology from Mr Feasey in which he extended his deepest apologies to Ms O’Dowd. He said his actions showed great immaturity and he expresses his “profound sense of regret”.

“I am fully committed to making amends,” wrote Mr Feasey.

Mr Cody said his client has no previous convictions, hasn’t come to garda attention since the incident and is a quantity surveyor.

“He was a vice captain in school and senior cup captain. The trust and responsibility placed in him by the school was betrayed,” said Mr Cody, who described Mr Feasey’s actions as “disgraceful”.

The senior counsel spoke of his client’s regret and shame and his letter of apology shows an older, wiser and more mature person.

“He has been able to get on with his life. She hasn’t been able to embark on her plans,” said Mr Cody.

Judge Dermot Sheehan said with leadership comes responsibility. The judge said if Mr Feasey had spoken to a person of authority at the time about what had occurred all of this taunting and gossip would have been silenced.

Mr Cody said if his client could turn back the clock…

Mr Cody said the interest of justice or wider society would not be served by sending Mr Feasey to prison.

A number of testimonials, on behalf of Mr Feasey, were handed to the judge.

Mr Hurley was represented by Michael Lynn SC, appearing with Eimear Carey BL, instructed by solicitor Ian McNamara.

Mr Lynn read out a letter of apology written by Mr Hurley in which he said it was never his intention to upset Ms O’Dowd or “make you feel uncomfortable”.

Mr Lynn said his client was 17 at the time and, in law, was a juvenile.

He said Mr Hurley has no previous convictions nor has he come to adverse garda attention in the intervening years.

“Since leaving school he has worked hard, completed an apprenticeship and is trying to establish a business. His actions, which he has had to carry, were disgraceful. It was totally out of character,” said Mr Lynn, who handed in a number of testimonials.

Mr Hurley was also described as “a very successful rugby player”.

Both counsels said the accused come from good and supportive families.

Judge Sheehan noted in Mr Feasey’s letter of apology, his wish to make amends which was echoed by Mr Hurley’s counsel in the case of Mr Hurley.

The court was told sums of €15,000 from Mr Feasey and €10,000 from Mr Hurley would be paid to Ms O’Dowd in compensation.

Judge Sheehan said it is a very serious case.

He said Ms O’Dowd was “tricked” into going to an isolated spot.

Judge Sheehan referred to Ms O’Dowd’s victim impact statement in which she said she feels she has been silenced for six years and “punished for something she did not want to do”.

“Their pleas of guilty is a vindication of Ms O’Dowd. Every detail she told gardai and said in the witness box is accepted. It has come slowly unfortunately but it is a complete and utter vindication of Ms O’Dowd and everything she said,” said Judge Sheehan.

He said the men must understand that a woman’s autonomy must always be recognised and not in the aggressive and domineering way they behaved which caused fear, distress and alarm at the time and thereafter.

Judge Sheehan took into account the defendants’ youth, that it was an isolated event, their pleas of guilt, sincere indications of remorse and willingness to make amends.

“It appears to me that no good will be done by imposing an immediate custodial sentence,” said Judge Sheehan, who imposed fully suspended 16 month prison sentences with the condition they pay the compensation by April 8.

Judge Sheehan lifted reporting restrictions, saying “all parties can be named”.