A convicted sex offender who raped and assaulted his then partner in a Kildare woods, telling her he had dug her grave, has been jailed for 10 years.

Dylan McMahon, aged 31, of Kilpatrick, Kildangan, Monasterevin, Co Kildare was convicted of rape, aggravated sexual assault, false imprisonment and making threats to kill or cause serious harm on 17 July 2022 following a Central Criminal Court trial last year.

While attacking her, the court heard McMahon pushed dog faeces, sticks and leaves in her mouth to the point she could not breathe, before he led her through the woods, telling her he had dug her grave and she was going to die that day.

He also pleaded guilty to assault causing harm on the same date during the trial.

The court heard the woman wishes to retain her right to anonymity, but has no difficulty with McMahon being named.

McMahon has 36 previous convictions. He is currently serving a sentence of six years with the final year suspended for theft and assault causing harm to a sex worker in March 2019, which was imposed in Mullingar Circuit Criminal Court.

He is also serving a consecutive two-year and nine-month sentence for offences including robbery, imposed by Naas Circuit Criminal Court and has an earliest release date in 2033.

McMahon sustained a traumatic brain injury in 2015 following a road traffic incident. He does not accept the verdict of the jury, the court was told.

'Appalling level of degradation' - judge

Imposing sentence, Mr Justice Patrick McGrath said the relationship between McMahon and the woman was an aggravating factor. He noted the prolonged and repeated nature of the attacks, the "appalling level of degradation" visited upon the woman and the effect on her, describing her victim impact statement as "harrowing".

McMahon interrupted the hearing several times, at one point saying: "It's a joke, your Honour."

Mr Justice McGrath said he would have "no hesitation" imposing the headline sentence of 15 years, but added the court must consider the impact of McMahon's traumatic brain injury and mental health difficulties on his culpability, noting there is "no other mitigation".

The judge imposed a sentence of 12 years, with the final two years suspended for five years on strict conditions. He directed that this sentence should run consecutive to the sentence imposed by Mullingar Circuit Criminal Court, as McMahon was on bail for those offences when he committed these offences.

The conditions imposed on the suspended portion of the sentence include that McMahon places himself under the supervision of the Probation Services for five years post-release, and to refrain from alcohol or other illicit substances.

After entering the bond, McMahon told the court: "I don't agree to be sentenced for rape which I did not do. I agree to the bond. I’ve no choice but to agree to the bond."

The judge granted an application from the defence to extend legal aid in the event of an appeal.

An investigating garda outlined during a previous sentence hearing that McMahon and the woman met online and began a relationship.

The woman lived in a different part of the country and would often stay at McMahon's home in Kildare.

On the day in question, the court heard both parties had taken some drink, then McMahon left the house. He returned and asked the woman to accompany him to a nearby shop with a man who had arrived in a van.

McMahon asked the woman to withdraw €300 to pay for cocaine, but she could only withdraw €100. She gave the cash to McMahon, who was unhappy that it was less than €300.

The van driver dropped McMahon and the woman near the entrance to Moore Abbey Woods.

McMahon took some cocaine, then started to assault the woman as they began to walk through the woods.

Evidence was heard that McMahon subjected the woman to a sustained assault by punching her, grabbing her hair, kicking, spitting and striking her with his fists.

'You are going nowhere, your grave is in here'

McMahon also threatened the woman, telling her: "You are going nowhere, your grave is in here."

The assault continued as they walked through the wood and the woman was bleeding from her face and chin.

While in the woods, McMahon forced the woman to the ground, then subjected her to an aggravated sexual assault before raping her.

He pushed leaves, sticks and dog faeces into her mouth, leaving the woman struggling to breathe.

When he was finished, McMahon stood up and made a victory gesture. They continued to walk through the woods, with McMahon repeating the threats to kill her and place her in a grave.

Two women were passing nearby and the victim went to them for support. She was also helped by women at a halting site, one of whom described the victim as missing patches of hair. The woman was bruised all over after the incident.

The family at the halting site looked after the woman, later bringing her home.

Mr Justice McGrath said today that those who assisted the woman were "good Samaritans" and noted the particular kindness and care they showed her.

When arrested, McMahon denied the allegations and claimed the woman had assaulted him, leaving him with bruises and marks.

In a victim impact statement, the woman said McMahon seemed nice at first and she "never expected he would be capable of raping me" or would "try to take my life in such a violent way".

She said she genuinely thought her life was over, and "believed him when he said he had my grave dug for me".

'If not for them, I thought I would be killed'

The injured party said she was grateful for the support of the two women, adding "if not for them, I thought I would be killed".

She described experiencing flashbacks, nightmares and being constantly on edge. The woman said she was unable to return home and has been living in homeless accommodation.

She said she hopes by speaking out that it will stop harm coming to another person and while she can never forgive or forget what McMahon has done, she hoped to be able to move on in the future.

Carl Hanahoe SC, defending, said his client maintains his innocence in relation to the sexual crime and the false imprisonment charge.

However, he said McMahon wished to apologise for the assault he committed on the day in question, which he pleaded guilty to at trial.

He said McMahon suffers from a traumatic head injury which he said would render his time in custody more difficult.