An Athlone man living in Dingle has been found guilty of sexual assault at his home in 2019.
39-year-old physiotherapist Barry Gilfillan stood trial this week accused of sexually assaulting a woman at his apartment at The Grove, Main Street Dingle, in November 2019.
The complainant went back to Mr Gilfillan’s apartment with another female friend and a mutual male friend after being out in Dingle town, and these three all slept in the same bed.
Mr Gilfillan then came home on his own, and got into his bed and sexually assaulted the woman.
The defence had accepted the sexual activity took place, but asserted it was a case of mistaken identity.
The court heard that a friend of Mr Gilfillan’s had invited the complainant and her friend to stay in Mr Gilfillan’s apartment, as they had trouble getting a taxi back to the AirBnB they had booked for the weekend.
Mr Gilfillan told gardaí he came home, and got into his own bed without knowing there were other people in it.
He then woke up at about 5am to find himself spooning a woman he did not know.
Mr Gilfillan told gardaí he found his hand was down in her underwear area, and when he realised what was happening, he took his hand away immediately.
He claimed that he thought the woman was his ex-girlfriend in his dazed state as he woke up, and the defence argued this was a case of mistaken identity.
Prosecuting barrister Tom Rice told the jury this was a young woman out with friends, and she went to sleep with two friends believing she was safe.
Mr Rice said she could not consent because she was asleep, and if Mr Gilfillan thought it was his ex-girlfriend, then he must have been conscious.
He said that having your hand inside a lady’s underwear is a conscious action, and cannot happen by accident.
Defending, Senior Counsel Anthony Sammon admitted the woman had been subjected to a gross violation of her person.
Mr Sammon told the jury Mr Gilfillan had made an awful, dreadful mistake, and the woman had been violated in a bizarre way that’s understandable.
After around two hours of deliberating, the jury unanimously found Mr Gilfillan guilty of sexual assault.
He will be sentenced at Tralee Circuit Court tomorrow.
