A Co Wicklow man who continued to rape his wife after their young child entered the room has been jailed for seven years, with the final year suspended.

The 40-year-old was convicted of one count of rape in January 2017 following a trial at the Central Criminal Court earlier this year. He cannot be named to protect his victim’s anonymity.

The court was told the relationship broke down at the time but the couple continued to live together for the sake of their young children.

The victim was experiencing the early symptoms of a significant medical condition and was in her room preparing to take a bath to relieve back pain when the man came in and gave her a back massage. She refused, but he began rubbing her back. She repeatedly told the man to stop but he pulled her clothes off and then raped her, the court heard.

One of their children entered the room and the victim asked them to stay. The man covered his victim with a blanket, told the child to leave and then proceeded to rape the woman.

She contacted a friend that evening and made a complaint to the police soon after.

Interviewed by the police, the man claimed that the meeting was consensual. He claimed the victim told him during intercourse that he intended to say he raped her.

The woman later obtained a restraining order and in 2018 contacted her via social media where he admitted to raping her and apologized. He also asked her to drop the charges and made threats. He denied sending these messages when interviewed by police and said he had lost his phone.

During the trial, the man claimed the woman made up the allegation to have her family home and also suggested she was exaggerating her serious medical condition. The man continues to maintain his innocence.

In her victim impact statement, the woman outlined the effect of the crime and the legal process on her health. She said she suffered from depression and other mental health difficulties and changed from a happy person to someone who was afraid to leave the house.

In her sentencing remarks on Friday, Ms Justice Melanie Greally noted that the victim referred in her impact evidence to finding the trial difficult and “being accused of lying about her symptoms”.

The judge said the statement described how the woman had “suffered extensive and lasting harm” as a result of the man’s actions, as well as the “immense strain” on her and their children.

The judge noted that the man had an acquired brain injury and that several medical reports pointed to his long-lasting physical and cognitive effects.

Mrs Justice Greally said the reports did not suggest any diminished responsibility for his criminal conduct and the court did not consider his culpability to be “diminished by the impairments related to his brain injuries”.

The judge said the offense was committed “without premeditation” in the context of the breakdown of a relationship that had at times been “dysfunctional” and “abusive”.

She said the aggravating features included breach of trust, the fact that a child witnessed part of the crime and the “serious consequences” for the woman and her children.

Mrs Justice Greally said she took into account the man’s lack of previous convictions, his medical history and his vulnerability in the prison community.

She imposed a seven-year sentence, with the final 12 months suspended under strict conditions, including that the man be placed under the supervision of the Probation Service on release.