Bernard Fleming sentenced for attempted rape in Dublin

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Ms Justice Isobel Kennedy sentenced Bernard Fleming to six years in prison, suspending the final three years on strict conditions and ordering 18 months of post-release supervision with Probation Service engagement. The proceedings were reported on 2 February 2016.

At the Central Criminal Court, Fleming denied charges of attempted rape, oral rape and sexual assault by pleading not guilty. The alleged offences concerned an incident in Dublin on 24 September 2011. The report placed his conviction by a jury for attempted rape in the previous December.

In mitigation, Fleming’s counsel accepted that alcohol offered neither an excuse nor an explanation. Counsel nevertheless asked the court to consider risky conduct by both parties and argued that the incident was not predatory.

The judge said gardaí accepted that the offence lacked a predatory element. She nevertheless said Fleming had exploited a young woman who was drunk and had fallen asleep in his bed.

She took account of his lack of previous convictions and the support of his family. She also acknowledged his discharge from the army after conviction and said the loss of his career had brought severe consequences.