A woman who sexually assaulted a paramedic as he tended to her has narrowly avoided prison but will remain on the Sex Offender Register for seven years.
Bernadette Kelly (35) from Woodside Mews, Omagh initially denied intentionally sexually touching the victim during the incident on September 9 last year, however she changed her plea on the day of contest.
Omagh Magistrates’ Court heard several days after the incident the paramedic attended with police to report being sexually assaulted by Kelly while he was assessing her for treatment.
She had called an ambulance to her home and when he asked to describe the level of pain she was experiencing, she grabbed his testicles and said, “It feels like this.”
He moved away from her and asked his colleague to complete the assessment.
Kelly was arrested and denied the incident occurred.
District Judge Peter Magill referred to a Victim Impact Statement provided by the injured party noting, “This has had a very serious effect on this man. He states he often works as a sole responder, and this incident has made him concerned about that role. Felt shocked and humiliated. Shock I can understand but no victim should ever feel humiliated. They all too often do, but they shouldn’t because they have done nothing wrong.”
A defence barrister said Kelly suffers from alcohol addiction and mental health issues but conceded she has never completed any rehabilitation programmes.
She had “limited recollection” of the offence and was intoxicated at the time, but acknowledges her behaviour was unacceptable, leaving her embarrassed and ashamed.
Judge Magill remarked, “Sexual assault is a serious crime. When it is committed against a health service worker during the course of their employment it’s even worse. All too often health service workers are subjected to abuse and violence but rarely this type of offence. On this occasion, it happened.
He told Kelly, “You have serious issues. However the unfortunate injured party has suffered as a result of this very serious sexual assault. Victims of sexual offences feel humiliated and embarrassed in them themselves. They have no need to feel that at all. They have done nothing wrong and they are not at fault. They should be able to hold their head high. This man was doing an important job and was there to assist you.”
Deeming custody as the only appropriate sentence, Judge Magill said, “The only question is whether this should be immediate. Given your very limited record with nothing of this nature and your plea of guilty I am persuaded to suspend the sentence.”
Kelly was handed a term of four months imprisonment suspended for three years.
She will also be subject to Sex Offender Registration for seven years.
