Citing her vulnerability as a drunk, lone female at night as an aggravating factor, Judge Gordon Kerr KC said the offending was “a classic case of predatory behaviour”
A 49-year old man who sexually assaulted a vulnerable woman in the centre of Belfast was jailed on Thursday for the “predatory behaviour.”
Gordon McBrearty was handed a sentence of three years and nine months which was divided equally between custody and supervised licence.
Belfast Crown Court heard that in the early hours of June 4, 2023 police received a number of reports from worried members of the public about a woman in a distressed state in May Street.
Officers attended the scene and located the woman, who told them she had just been sexually assaulted by an male she didn’t know.
The woman, who was aged 41 at the time, said the male had forced her against railing, lifted up her dress, put his hand in her underwear and sexually assaulted her.
She told police she had been out with a friend in Revolution de Cuba and after her friend left early, she stayed on.
By closing time, she was drunk and after leaving the premises, she tried to get a taxi.
After this was unsuccessful, she then called her partner to come and collect her – and at this point a male appeared alongside her.
This male, McBrearty, told her he was also trying to get a taxi and without warning he grabbed the woman, pulled her across the road, forced her up against railings then sexually assaulted her.
She tried to alert passers-by and a short time later, police arrived.
McBrearty, from Parkville Court in Belfast, was arrested and during a police interview he said he had been talking to a woman who flirted with him.
He denied sexually assaulting her and told police she was ‘crazy’ – but said that she was crying and hysterical which he put down to her ‘trying to ditch him.’
Despite this stance with police, McBrearty subsequently pleaded guilty to the single charge.
Citing her vulnerability as a drunk, lone female at night as an aggravating factor, Judge Gordon Kerr KC said the offending was “a classic case of predatory behaviour”.
Judge Kerr also accepted that McBrearty’s plea was welcomed as it has spared the “nervous” injured party the ordeal of coming to court and giving evidence.
McBrearty, the court heard, has difficulties with alcohol and poor mental health. He also has a criminal record in both the north and south of Ireland but none of his past offending has been of a sexual nature.
He expressed shame and remorse to a Probation Officer, said he felt guilty about causing any harm or upset to the injured party and that he should have gained her consent before touching her.
Regarding the injured party, Judge Kerr said that after reading a Victim Impact Statement it was clear she “suffered significant effects as a result of the offending.”
As well as imposed the sentence upon McBrearty, Judge Kerr said he would “spend his life” on the Sex Offenders Register.
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