A developer who raped a Brazilian woman he had asked to clean his house in Tipperary has been sentenced to seven and a half years after a judge said he could not "buy himself out" of a custodial sentence.
Father-of-four Thomas Egan (47) of Cahermurphy, Kilmihill in Co. Clare paid over €10,000 in court to be forwarded to his victim who has since returned to Brazil. He was convicted last May by a jury at the Central Criminal Court of raping the woman (23) at a house in Tipperary on July 5th in 2010.
He had denied the charge and told gardai he had sex with the woman, but it was consensual and that she had not shown any fear.
Mr. Justice Barry White suspended the final three and a half years of the sentence, noting that the he had a previous "unblemished record" apart from a minor road traffic offence.
During the trial, Seán Gillane SC prosecuting, said Egan had approached the victim on a street in Gort, Co. Galway and asked her to clean a house. They travelled to the house in Tipperary in his car and he set out a number of cleaning tasks for her.
Upstairs in the house, Egan started to kiss her and touch her body. "She knew at that stage he wanted sex. She was afraid if she said 'No' to him it would make matters worse" said Mr. Gillane. He then raped her.
Afterwards the woman put on her clothes and asked him to drive her home. The following day, she made a complaint about the incident.
The court heard that she returned to Brazil a short time later.
'More interested in compensation'
Detective Garda Colette Acton told the court that during garda interviews, Egan maintained there had been consensual sex.
Defence Counsel Brendan Grehan SC put it to the garda that the woman did not put up any resistance, to which the garda replied "she was afraid".
Conor McKenna BL, also acting for the defence, said Egan was prepared to offer a further sum to the victim of €5,000 a year for three years, with the first payment to take place in December.
However the court heard Egan would not be able to follow through on this additional offer if his circumstances were "radically altered" by his being imprisoned.
Mr Justice White said that on reading the victim impact report provided by the victim, he did not believe the rape had "a profound psychological effect" on her. "It strikes me that your victim is more interested in compensation rather than anything else" he said.
The judge directed that €50 given by Egan to the woman at the time of the offence be sent to the St. Vincent de Paul.
