Justice Patrick McCarthy
This morning, on Newstalk Breakfast, Niamh Ní Dhomhnail spoke to Chris O’Donoghue.
The interview followed yesterday’s decision by Justice Patrick McCarthy, in the Central Criminal Court, to give Niamh’s former boyfriend Magnus Meyer Hustveit a seven-year suspended sentence – after he admitted to regularly raping and sexually assaulting her in her sleep, often while she was under the influence of medication.
Niamh waived her right to anonymity to allow Hustveit be named.
When Niamh read her victim impact statement in the court she said had to give up her job; had tried to take her own life; and had suffered from post traumatic stress disorder, eating disorders and anxiety.
Niamh Ní Dhomhnail: “I suppose I’m still very shocked at the ruling. I think it’s a lot of take in and, I suppose for me, and I think this is true of the people who were there to support me. The ruling took, the judge took his time in giving the ruling. He seemed to be very cognisant of the fact that what Magnus really did was quite serious which I didn’t actually think was going to happen at all and in the end of it it seemed to happen very fast in that he acknowledged in principle the severity of Magnus’ actions but, in reality and practical terms, that acknowledgement seemed to mean nothing with a fully suspended sentence. So I think I’m left reeling, I think my parents are too, and all of my friends were there to support me and they’ve been in touch, and I think also and the reason I’ve gone forward is because its absolutely so much bigger than me and it’s so much bigger than just this case because this sends such a clear message to Irish society that rape isn’t rape and sexual violence is not being taken seriously enough. And so yeah I’m really probably not sure how I feel about this.”
Chris O’Donoghue: “Do you feel justice was done?”
Ní Dhomhnail: “No, and I don’t think anyone could. And realistically I suppose I never entered into the legal system, seeking justice, because I don’t know how you would define justice in this kind of situation but, certainly, a concrete acknowledgement that these actions have had an impact on you and that inaudible an eye for an eye or anything like that, I think it’s only fair that when you do wrong, you bear consequences of some sort and, from what I understand, this has had no impact on his life. He’s able to have been in a seemingly very committed relationship within a month of me leaving him. He apparently has been in steady employment the whole time, his employers know about his actions, apparently. And they have publicly said to the court that they’re willing to take him back and that they’d hope that he wouldn’t serve prison time, or the less prison time the better because he’s so irreplaceable in his work and, for me, I haven’t been able to work for quite some time, I’ve been physically unwell, mentally, just drained, so it’s hard to think there’s any justice in that really because it seems his life has just continued, this was like a minor blip and everything is fine for him and I can’t quite say that that’s true of my life.”
O’Donoghue: “Somebody who commits any rape, never mind multiple rapes, getting a suspended sentence and there are people criticising this in the newspapers today but can that ever be, I suppose, can people ever be at peace with the suspended sentence for this crimes?”
Ní Dhomhnail: “I don’t think so. Obviously, I still don’t know, I can’t quite articulate yet, I don’t have the feelings yet to articulate how I feel about it. But certainly, looking at people around me, certainly this is not the first time this has happened. I think it sends a very clear message to victims not to bother to come forward and I think actually, maybe this is, maybe mildly off topic, but it’s something that’s been in my head since yesterday. The justice system is actually creating, it’s kind of creating or paving a way for people to a) not report and b) take matters into their own hands because if you consistently see big cases not being brought to justice in the way that we would like, you know, a complete suspended sentence is what I mean by that – people will just say well there’s no point in going through that hassle, there’s no point in going through that heartbreak, we may as well just take matters into our own hands and that’s actually a very frightening thought but I can imagine a lot of people entering into that mindset, if that answers your question.”
O’Donoghue: “Yeah because, like you said, not everyone is going to be able to speak the way you can and waive their anonymity the way you have so the sentiment of ‘don’t bother’ as you’ve said there might just set in.”
Ní Dhomhnail: “I think so and the statistics are there from the rape crisis network, the rape crisis centre, that most victims do not report what’s happened to them and I was always considering going forward and waiving my right to anonymity because of the unusual nature of this case. I mean that’s what was always said to me, I don’t think this case was unusual because of the actions itself, I think this case was unusual in that it was prosecuted and I wanted to raise awareness that rape within sleep is still rape; it’s not just some stranger in an alleyway but I suppose then when the suspended sentence came about and, you know, a lot of the remarks made in court were…I have to speak out against this because…it is hard to do but if none of us do it then, you know, none of us will have the courage to speak forward and, for me, a little while ago, watching Mairia Cahill’s documentary on [BBC] Spotlight was a real turning point for me, in terms of going forward and if I can do that for one person, if I can get people talking about rape, about how it’s viewed, about how the justice system are ignoring really safety, victims’ rights – the whole point of the legal system – then that’s a good thing.”
O’Donoghue: “Niamh, for you, I’m sure this date has probably been the only thing on your mind and on the horizon of your life that this court hearing was come up but, for you now and for your life, what’s next? Or can you start to look beyond this or start to plan your life?”
Ní Dhomhnail: “Yeah I think I’ve been trying to do that. Probably for some time now and sometimes you make small headway with these things and other times, you go ten steps back. I suppose I don’t want Magnus or his actions to take anything more away from me than they already have but that’s a real battle that you fight every day because it’s just not something that’s within your control. I’m trying to see that the world isn’t a dark place anymore and actually that’s the biggest hurdle. When you’re having consistent reminders or consistent flashbacks, or nightmares or whatever that makes it quite difficult but I do believe that I’m making good progress, despite everything, and that’s very much down to two very wonderful parents, supportive parents who are huge, ridiculously great friends and I would say that the first boyfriend that I had ever had, he’s been good and caring to me and he’s really showed me that life is worth living, even when things go wrong or something bad happens or you’re in the wrong place at the wrong time and so I have hope and I have faith but it’s not, it’s certainly not something that comes easy and there are a lot of dark days in between all that as well.”
O’Donoghue: “Niamh in this conversation, we’ve talked about the fact that you don’t think justice was done for you and we’ve talked about the danger of ‘don’t bother’ setting in in victims in reporting but what do you say, finally, to other women and other men out there who are victims of sexual crime.”
Ní Dhomhnail: “Firstly, thank you for acknowledging that men are also victims of sexual crime. It’s something that I feel really strongly about: that sexual crimes are viewed as heterosexual male-on-female acts which they’re absolutely not. And so for anyone out there who is experiencing what is an act between humans of absolute inhumanity, I would say if you don’t get the right reaction or the right response or a supportive response, or the response you want with the first person you tell, please do not, don’t leave it at that, don’t think that everyone will have that response. There seems to be a lot more out there now and there seems to be a lot more awareness between the Rape Crisis Network, the Rape Crisis Centre, One In Four, the Samaritans, whatever it is, call someone, talk to someone and don’t stop until you feel support and love. Unfortunately this is an issue that can garner a very strange reaction from people and I’ve experienced that myself but just don’t be deterred by that. Speak out against it, get in touch. There are a lot of people, I have realised in the past 24 hours, who have come to me who I don’t know, who I know from the TV, who I know from radio, who I know from the papers and media in general, who show incredible support and strength. So it is there so make sure that whoever you are that you get it because it’s there for you and you deserve it.”
Listen back in full here.
Pic: Keith Heneghan/Irish Mirror
This is awful. Awful awful. Well done her for coming forward but she shouldn’t have to.
Absolutely shocked by this whole story – I really hope she can get past it.
Just looked at his twitter account and he’s complaining about the objectification of women in the subway station.
https://mobile.twitter.com/dizzi90/status/595235962709508096
Seems a bit hypocritical
Pure hypocrisy. Look at some of his other guff. He’s a humanist apparently, and “all you need is love”. Unbelievable gall.
Transference. He’s really talking about his own attitudes to women.
This is the low end of the scale. When was the last time you asked your partner for consent? Never, no one asks for consent when they’re living with a lover. So we must all be rapists then.
Idiot klaxon!!
He drugged her. Does that imply consent?
He didn’t drug, she was on medication which she was taking herself. He took advantage of her drugged state from that medication.
My bad, but still. That is someone who is not able to consent.
Indeed, I was in no way excusing him of his actions.
I know, these things make me very angry
I am relieved to hear about the drugs because I had a long term relationship where we frequently ‘took advantage’ of each other while one was sleeping, or pretending to. I would hate to think that she could take me to court on those grounds, or that I could take her.
Grown ups in a loving relationship have the “would you like to wake up on the job ” talk. Sounds like this wasn’t a game , like a little spanking or whatever its all about consent and being on the same page.
@Manolo – if you were both consenting to that, surely that would be fine? It is such a tricky area though
@Dόn Pídgéόní, consent was never discussed in the five years of that relationship as far as I can remember. It was implied, I guess. The detailed discussions about preferences for the best way for being woken up might be taken as an implied consent, but the actions happened before the ‘performance reviews’ started. Basically it sounds like a bit of a legal hazard to do that today.
Maybe not given verbally but there are other ways of giving consent, for example the “performance reviews”.
Don’t think it was ever said he drugged her?! She was under the influence of medication. But it was never said he drugged her. Unless I missed something?
So you think it’s okay have sex with your partner when they’re unconscious? How does he/she feel about that?
Lucky Mrs Fluter bad…
In her case though it probably beats the alternative of being conscious.
If you’re unconscious while someone steals your car, or starts a fire, is that a better alternative, or worthy of a suspended sentence because you weren’t aware of what was happening?
What are you on about? Of course people don’t explicitly ask for consent when their partner is a willing participant in proceedings. It’s an entirely different situation when they are asleep and consent cannot be given. It is a total violation when a sexual act is carried out on a person without their knowledge like that.
There is no ‘low end of the scale’. No means No.
No reply also means no. If a yes is not forthcoming, then take it as a no… and don’t rape.
+1 enthusiastic consent
Exactly!
This comment is so obtuse, I wonder whether it is wilfully so. These acts were committed while she did not have the opportunity to either consent to them or reject them. It’s an act of depravity to take advantage of a person’s vulnerable state. In this case, that vulnerable state was somnolence, or medically-induced. What if that state were coma, or intoxication, or cognitive impairment? A person has an absolute right to refuse to take part in any act, at any point, whether they are in a relationship or not. I suggest you research marital rape.
+1
this was my wife’s reaction to this story. she also considered it low end of the scale. I felt stronger about it.
I’m glad for her sake that she doesn’t fully understand the impact of rape.
The violation is more than the act; it’s the social and psychological consequences, it’s your world and your home and your bed no longer being a safe place of rest and refuge. It’s no longer being able to assume that you’ll be free from harm when you’re lying in your partners arms. It’s the loss of knowing that if you take care or precaution, bad things can be prevented. It’s feeling debased, and feeling reduced to a corporeal being.
It’s a lot of different things for a lot of different people but it’s not just the means of rape that harms, the act of rape, however it manifests has enormous consequences. Fortunately people can and do heal but that takes a lot longer if there is a message conveyed that what happened was on a “lesser scale”.
Are actually on here admitting you have raped someone. I’m with my girlfriend 13years, living together 7 years and I like most people can say iv always had consent. From your comment you give the imorrss
generally if she’s knackered and falls asleep, there is no consent. you either have a quick tug or get smoochy the next morning. in what universe does anyone think you can get up on someone if they’re asleep?
So your saying you’ve raped someone?
You terrify me.
Nope. You’re wrong. She was incapable of consent. It’s no until it’s yes, not the other way around.
I just realised that may have implied an inevitable yes. I did not mean that. I just mean the default assumption should be no consent.
I’d say Bill Cosby is only bullin’ that he doesn’t live in Ireland. Maybe this case will form part of his defence. “They were unconscious so didn’t know they were being raped. No harm, no foul… zibbidy bip bop.”
His wife says they consented to being drugged. So that’s ok then.
http://www.theguardian.com/music/2014/sep/02/cee-lo-green-it-isnt-if-the-victim-is-unconscious
The power of a good lawyer and a lack of evidence
So if you go around raping women then go, “oh actually i’m really sorry about that, my bad”.. you just get suspended sentences.. I hope the DPP appeal and he gets a proper sentence.
Serious question: Are women treated as badly in any other first world country as they are in Ireland? Awful place to be a female.
Probably not overall, on account of the horrible abortion laws, but there’s plenty of developed countries that have an equally crappy attitude towards punishing rape, especially in situations like this.
Also very much at the moment thinking about the story involving the garda that returned to rape a woman he arrested earlier in the day for sex work and got fined. Fined! This is also a story you practically had to search to find rather than have it leading the news which also goes some way to portray how valued women are here. It’s a national disgrace.
cant believe this case, its so mental .. the judge was saying that he’s basically letting him off coz he admitted to doing it and was cooperative, and that he was in court by his own volition. unreal. this country is so so backward. and just after taking a step forward with marriage ref, this stuff happens and puts us way behind.
i’d say the judge thought, ‘well he is working, so i won’t give him a custodial sentance’.
which is just plain wrong.
I must admit, I have had sexual intercourse with my girlfriend hundreds of times while she was unresponsive.
The thing is, my girlfriend is a watermelon
Ireland still has a long way to go before egotistical men in positions of power learn to get over themselves and do their duty without bias.
“He apparently has been in steady employment the whole time, his employers know about his actions, apparently. And they have publicly said to the court that they’re willing to take him back and that they’d hope that he wouldn’t serve prison time, or the less prison time the better because he’s so irreplaceable in his work”
Clearly his employers aren’t that concerned about how female employees might feel about working with him. Ridiculous, no one is irreplaceable.
I wonder what his colleagues think?
https://www.linkedin.com/profile/view?id=90412749&authType=NAME_SEARCH&authToken=G23r&locale=en_US&trk=tyah&trkInfo=clickedVertical%3Amynetwork%2Cidx%3A1-1-1%2CtarId%3A1436874854516%2Ctas%3AMagnus%20Meyer%20Hustveit%20
I can’t be the only one that thinks his employers equally deserve hell raining down on them for requesting a short sentence?
http://www.politicalworld.org/showthread.php?13220-Are-women-getting-an-unfair-deal-from-the-Irish-Justice-system#.VaUD6flVhBc
The Portobello @LABOUR kitchen cabinet in action again. Must be downtime before the supplemental exams in TCD start. #wanquerettes
Relevant post from humanrights.ie yesterday:
“Rape and the Criminal Justice System in Ireland”
http://humanrights.ie/criminal-justice/rape-and-the-criminal-justice-system/
Clearly the judge does not understand
The definition of rape and how much of an impact it has on someones life.
I hope Niamh can in time heal from this awful trauma. I do not understand how this man is allowed to walk the streets when he has taken advantage of someone who trusted him and abused he’s position by forcing himself sexually on to her, rape is not like in the movies when some one violently attacks another, it is much more subtle than that and can be a hundred times more traumatising being physically attacked yet the sentence is less.
Some thing really needs to change soon.
I hope she takes a civil action against him for damages. What a creep.
“I think it’s only fair that when you do wrong, you bear consequences of some sort and, from what I understand, this has had no impact on his life”
A conviction is a conviction, regardless of a him serving time.
I would think this conviction will follow him for the rest of his life.
He’ll have to declare the conviction wherever applicable.
It’ll affect him in terms of travel.. to the U.S. in particular.
He might have problems getting garda vetting/garda clearance.
He won’t be able to volunteer.. working with minors.
He’ll be on the sexual offenders register. –
http://www.citizensinformation.ie/en/justice/criminal_law/criminal_trial/sex_offenders_register.html
What information must the sex offender provide?
Similarly you must notify the Gardaí within 7 days of any change of name and or change of home address or if you intend to reside elsewhere in Ireland for more than 7 days. Offenders must also notify the Gardaí if they intend to leave Ireland for 7 days or more and are required to provide the Gardaí with the address of the place outside Ireland that they intend to reside or stay at
How long does the requirement to notify the Gardaí last?
For 5 years if the sentence imposed was suspended or if no prison sentence was imposed (2.5 years if the offender was aged under 18)
There are numerous instances you’d have to declare a conviction..college application forms. Eh, let’s see.. special Olympics volunteering, any sort of volunteering, coaching.. traveling.
Sad, twisted individuals like this are not worth a second’s thought..