A man who sexually assaulted his former flatmate has walked free from court after the judge said he believed the victim in the case had tried to influence the sentence.

Mr. Justice Barry White said he had been 'in no way influenced' by the victim. He has imposed a 5-year suspended sentence on the 38-year-old.

He was brought to trial last January accused of raping his then 18-year-old flatmate after a night out in Waterford in October 2005. The charge was dropped on day 2 of the hearing when he pleaded guilty to a lesser offence of sexually assaulting the woman.

Parts of victim impact report struck off

A victim impact report was put before the court at the sentencing hearing yesterday. Some of it has since been struck off the record at the request of the judge.

Today Mr. Justice Barry White said he would take the 'exceptional step' of imposing a non-custodial 5-year suspended sentence on the accused.

The judge said he had been in no way influenced by what he saw as an attempt by the victim to influence the sentence in her victim impact report.

He was also critical of certain individuals who took the law into their own hands by beating up the accused.