By Paul Higgins
Co. Down bricklayer and cocaine dealer who sexually assaulted and tried to rape a woman as she slept will serve two years in jail for the attack.
Sentenced at Newry crown Court on Thursday, Denvior Nathan Larkin will spend a further two years under supervised licence conditions for offences described by Judge Paul Ramsey KC as “unusual and troubling.”
In addition to the four year sentence for the sex attack 34-year-old Larkin was also handed a two year sentence for drugs offences but the judge ordered that to be served concurrently.
Larkin, from Fort Street in Killeavy, entered guilty pleas to a total of five offences across two sets of charges – supplying cocaine, having the class A drug with intent to supply and possessing £1,250 of criminal property on 4 September 2021 as well as attempted rape and sexual assault on 1 July 2022.
While two other charges of rape and intimidation were not proceeded with, the court heard that Larkin entered guilty pleas “on a full facts basis” in that the defendant accepts the victim “was not consenting to sexual intercourse during the incident.”
“The Prosecution accepts that it cannot be proven that the defendant knew or believed that she was not consenting to vaginal penetration, in the very unusual circumstances of this case,” said the judge.
While the main focus of the court was on the more serious sex attack, Judge Ramsey outlined how the drug offences came about after cops stopped and searched Larkin on 4 September.
He was found to be in possession of around £1,000 of cocaine as well as £1,250 in cash but when his phone was examined, that evidenced the contention that he had been supplying the class A drug from around July 2022.
The court heard he was on bail for these offences when the sex attack occurred.
Judge Ramsey told the court how Larkin and the victim had first met in May 2022 and having had consensual sex at that stage, there was no communication until she invited him to her home on 30 June.
Larkin, the victim and another man “drank alcohol, took cocaine, danced and chatted” and they had consensual sex in the evening at around 5 or 6pm.
“The atmosphere after this remained friendly between all parties and the three continued to drink alcohol and consume drugs,” said Judge Ramsey adding that Larkin and the woman went to bed around 6am and after they hugged, “she soon fell asleep.”
About an hour later however she woke up and “found herself positioned differently in the bed” in that she was now “horizontal, with her feet on the ground.”
Larkin was behind her and he was raping her, the court heard and the judge outlined how “she froze, but then she went back to sleep.”
“Later she was woken again but this time she was lying vertically in the bed, face down. She woke because of the pain she felt as the defendant tried to insert his penis into her anus,” Judge Ramsey told the court.
Instead of freezing this time, the woman “flung her arm back and pushed his hand away” but as Larkin put his penis into her vagina, she told him: “get off me – I don’t want to.”
The woman fell asleep again, with Larkin still in the bed beside her and she left later that morning after her dad picked her up.
In the days after the incident Larkin left her a voice note declaring: “I’m sorry for f****** you when you were sleeping. I know that’s like classed as rape but, like but you know what I mean, like, surprise sex is the best sex you know, and sure you enjoyed it, didn’t you? So look It’ll happen again.”
She dId not make any report to the police for a month until after “she had been told by friends that there was a video of her going around, and she was petrified, and she did not want her parents to know that she had been sexually assaulted.”
On 30 August 2022 Larkin sent a Snapchat message to a friend of the victim which stated: “Pass the message on to your good friend..I’m giving her a chance to retract her statement or I’ll happily go ahead and show the 12 video an messages to prove I’m innocent.”
“Despite this message the Complainant made a further ABE complaint to Police in September 2022 explaining that she was afraid the defendant would post videos of her,” said the judge.
Larkin was arrested and interviewed but he denied doing anything wrong and claimed that “they went to her bedroom on numerous occasions and had consensual sex.”
He further claimed that he was “shocked and horrified by the allegations…and said he did not have sex or attempt to have sex with her when she was sleeping, nor did he send any messages to intimidate anyone.”
Judge Ramsey told the court that Larkin’s guilty pleas were the only mitigating features but that there were aggravating factors to be considered including that the incident happened in the complainant’s own home, in her bed, there were attempts to prevent her reporting the matter and the fact that Larkin was on bail for the drug offences at the time.
He highlighted that while there may be a perception that the court was focusing on Larkin, “nothing could be further from the truth.”
The judge said it was right that he was speaking about the defendant in terms of what he did, his background and risks and so on but that at all times, “the victim remains at the very heart of the sentencing exercise.”
Turning to the Victim Impact Statement, Judge Ramsey said it was clear the incident “has had a profound effect on her” in that her home and work life has suffered, her mental health has significantly deteriorated, she is on medication for anxiety and depression and has been diagnosed with PTSD.
The detrimental effect in her was an additional aggravating factor the judge told Larkin.
Explaining that his sentencing starting point was five years, Judge Ramsey said taking into account the mitigating and aggravating features and particularly Larkin’s guilty pleas, he was imposing a four year sentence to be served equally between jail and licence conditions.
In addition Larkin will have to sign the police sex offenders register for the rest of his life and he was also made the subject of a five year Sexual Offences Prevention Order.
Judge Ramsey also ordered as forfeit the cash seized as a result of the drug offences.
Speaking after the case, Detective Inspector Moffett said: “If someone is heavily intoxicated or sleeping, they cannot consent to sexual activity. Make no mistake: this is rape. We take reports of this nature incredibly seriously.
“Larkin completely disregarded the victim’s right to give consent and, as a result, he is now in prison where he belongs. This is predatory behaviour that is totally unacceptable.
“If you have been the victim of a sexual crime, it is never your fault and you have nothing to feel ashamed about, we will work hard for justice for you. Please report to us and we will take action and support you.”
The victim has released an anonymous statement today saying: “He tucked me in and told me that I was safe!! I firmly believe that he knew and was aware of what he intended to do. He is a complete and utter predator.
“I am proud of myself for fighting my way to justice. After over two years I have been vindicated and my full version of events and claims have been accepted to be true by my attacker. I hope more victims will come forward knowing justice is possible. It is not our shame to carry. My life has been on hold and I can now begin to look forward.”
ENDS
CLANRYE NEWS 