A Co Armagh bricklayer and cocaine dealer who sexually assaulted a woman as she slept will serve two years in jail and two more on supervised licence.
Sentenced at Newry Crown Court, 34-year-old Denvior Nathan Larkin, from Killeavy, received a total four-year sentence for the attack which Judge Paul Ramsey KC described as “unusual and troubling.”
Larkin also received a two-year sentence for drugs offences, to be served concurrently. He pleaded guilty to five charges across two cases: supplying cocaine, possession with intent to supply, and holding £1,250 of criminal property (on 4 September 2021), as well as attempted rape and sexual assault (on 1 July 2022).
Two further charges of rape and intimidation were not pursued. The court heard Larkin entered guilty pleas “on a full facts basis,” accepting the victim was not consenting to sex during the incident.
Judge Ramsey said the prosecution could not prove Larkin knew she wasn’t consenting, “in the very unusual circumstances of this case.”
The judge outlined how the drugs offences arose when police stopped Larkin on 4 September. He had around £1,000 of cocaine and £1,250 in cash and his phone showed evidence of supplying the Class A drug from July 2022.
The night before the incident Larkin, the victim and another man drank, took cocaine and socialised before she and Larkin had consensual sex.
“The atmosphere after this remained friendly,” said Judge Ramsey. The three continued partying into the early hours, and at around 6am, Larkin and the woman went to bed. After hugging, she fell asleep.
An hour later, she woke to find herself positioned differently in the bed — “horizontal, with her feet on the ground.” Larkin was behind her and raping her, the court heard. She froze, then went back to sleep.
Later, she woke again, lying face down. She felt pain as Larkin attempted anal penetration. This time, she pushed his hand away. As Larkin then penetrated her vaginally, she told him: “Get off me — I don’t want to.”
She fell asleep again with him still in the bed. Her father collected her later that morning.
Days later, Larkin sent her a voice note: “I’m sorry for f****** you when you were sleeping. I know that’s like classed as rape… but you know what I mean, like, surprise sex is the best sex… and sure you enjoyed it, didn’t you? So look, it’ll happen again.”
She did not report the incident immediately but a month later, after hearing from friends that a video might be circulating, she came forward.
“She was petrified and didn’t want her parents to know she had been sexually assaulted,” the court heard.
On August 30, Larkin messaged a friend of the victim via Snapchat: “Pass the message on… I’m giving her a chance to retract her statement or I’ll happily go ahead and show the 12 video and messages to prove I’m innocent.”
Despite this, the complainant made a further statement to police in September, saying she feared Larkin would share videos of her.
Larkin was arrested but denied any wrongdoing. He claimed the sex had been consensual and denied attempting sex while she was asleep or sending messages to intimidate her.
Judge Ramsey said Larkin’s guilty pleas were the only mitigating factor. Aggravating elements included the fact the assault happened in the woman’s own home, in her bed, during a time Larkin was on bail and that he attempted to intimidate her into silence.
“There may be a perception that the court is focusing on the defendant. Nothing could be further from the truth,” he said. “The victim remains at the very heart of the sentencing exercise.”
The victim’s impact statement revealed the incident had “a profound effect on her.” Her work and home life have suffered; she is on medication for anxiety and depression and has been diagnosed with PTSD — an additional aggravating factor.
Judge Ramsey said the starting point for sentencing was five years. Taking into account all factors, he imposed a four-year term: two in custody, two on licence.
Larkin must sign the sex offenders register for life and is subject to a five-year Sexual Offences Prevention Order. The £1,250 cash seized from him was forfeited.
Following sentencing, Detective Inspector Moffett said: “If someone is heavily intoxicated or sleeping, they cannot consent. 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’ve been the victim of a sexual crime, it is never your fault. Please report to us — we will support you and take action.”
The victim released an anonymous statement, saying: “He tucked me in and told me I was safe! I firmly believe he knew 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. My full version of events has been accepted to be true by my attacker.
“I hope more victims will come forward. Justice is possible. It is not our shame to carry. My life has been on hold — I can now begin to look forward.”
