DONEGAL MAN DESMOND LEITCH SENTENCED FOR RAPE IN DONEGAL

In February 2021, a man from Donegal, identified as Desmond Leitch, was sentenced to four years in prison after being convicted of a serious sexual assault that took place in Co Donegal. The incident involved Leitch unlawfully entering an apartment through an unlocked door and raping a woman who was asleep at the time, an act that has shocked the local community and garnered significant courtroom attention.

Justice Alex Owens presided over the case and delivered a stern judgment, emphasizing Leitch's lack of remorse and his attempt to justify his actions. The judge pointed out that Leitch’s claim that the victim was a prostitute was a clear attempt to distance himself from the gravity of his crime. Justice Owens stated that Leitch had no legitimate reason to be in the apartment complex that night and had deliberately gone there with the intent of engaging in sexual activity, should the opportunity present itself.

A psychological report presented during the trial revealed that Leitch believed the woman was an escort, a misconception he maintained during his interview with authorities. The judge remarked that this assertion was merely an attempt to shift blame and suggested that Leitch was not genuinely remorseful, instead blaming the victim for what happened to him.

Desmond Leitch, aged 32 and residing in Skelpy, Castlefin, Co Donegal, pleaded guilty at the Central Criminal Court to a single count of rape committed in a town in Co Donegal on October 23, 2016. His criminal record prior to this incident was limited to minor road traffic offences, indicating no previous history of violent or sexual crimes.

Detective Garda Bobby Carey, who led the investigation, informed the court that Leitch and the victim had no prior acquaintance. According to Garda Carey, the victim, who had returned home after a night out, went to bed and later discovered that she had not locked her apartment door. She woke up approximately thirty minutes later to find Leitch on top of her, engaged in sexual assault. Initially, she thought she was dreaming, but her realization of the situation prompted her to jump away from him.

During the incident, Leitch mumbled something about an escort service when questioned about his presence in her bed. The victim, who had no connection to any escort service, was left traumatized by the assault. A struggle ensued over Leitch’s phone, during which several buttons on his shirt were torn off. The woman sought medical attention at a hospital, where forensic samples, including semen, were collected. DNA analysis later confirmed that the semen matched Leitch’s DNA profile.

Leitch denied the charges during police interviews, claiming he was not in the area on the night of the offence. However, a search of his home uncovered a shirt with missing buttons that matched the description of the victim’s clothing, further implicating him.

In her victim impact statement, read aloud in court by the prosecution, the woman described the profound emotional toll the assault had taken on her. She revealed she took two weeks off work, spent most of her time in bed crying, and had to re-home her pet cat, which was present in the apartment on the night of the attack. She also shared that she had become increasingly paranoid, locking her doors during the day and her bedroom door whenever she was inside. The woman expressed hope that attending counseling sessions might help her find some closure as the legal proceedings concluded.

Defense counsel Kenneth Fogarty SC acknowledged that Leitch had made several phone calls to numbers associated with the escort service on the night in question. A psychologist’s report indicated that Leitch might have a mild to moderate intellectual disability, which the judge considered when determining the sentence. Justice Owens noted that Leitch was diagnosed with schizoaffective disorder but clarified there was no evidence he was experiencing symptoms at the time of the offence.

Despite denying involvement, DNA evidence linked Leitch to the crime scene. The judge highlighted that the potential consequences of his actions included pregnancy and the transmission of STIs. The initial sentencing range would have been around ten years for someone of normal intellectual capacity, but due to Leitch’s intellectual impairments, the sentence was reduced to seven years. Taking into account his mental health issues, sheltered upbringing, and generally good character, the judge further reduced the term to five years, with an additional year deducted for his guilty plea. A post-release supervision period of four years was also imposed.

During the hearing, Leitch expressed remorse, stating, “I am very sorry,” when given the opportunity to address the court. He acknowledged the harm caused to the victim and the impact on his own family’s life. When asked by his lawyer what he hoped the court would do, Leitch responded, “Don’t be too hard on me,” and assured that he would not be in trouble again, demonstrating an understanding of the seriousness of his actions.

This case has left a lasting impression on the Donegal community, highlighting issues surrounding mental health, personal responsibility, and the importance of justice for victims of sexual violence.