A Romanian national, who has numerous convictions for theft, but has never before served a prison sentence, has been jailed for three years and six months after he sexually assaulted a man on the 22nd of July 2020.
Cezar Toader (41), who previously resided at Huntstown Lawn. Clonsilla Co. Dublin, and is currently of no fixed abode, pleaded guilty to one count of sexual assault and one count of burglary.
The Circuit Criminal Court heard how the injured party was out with his boyfriend on the night in question before visiting his local Apache Pizza to get something to eat before he planned to retire for the night.
Prosecuting counsel Eimear Delargy BL told the court that the man’s partner had returned to their apartment first and that the injured party had gone to the pizza shop alone when he encountered the accused.
CCTV showed Toader, who was taken into custody after a bench warrant was issued on a previous sentence date, approaching the injured party, whom he asked if he was gay.
The accused, who was aided in court by a Romanian interpreter, claimed to be a French tourist who was visiting Dublin for three days, said he was “looking for fun”, and “kept following” the man before he “grabbed” his arm.
Toader, who previously made attempts to resile from his guilty plea but was unsuccessful after a court hearing, told the victim, I know you want to do something with me,” as he followed him back to his apartment about 200m from the pizza shop.
When the injured party told the accused to leave him alone, he said he “wanted to have fun in the lift” and entered the apartment lift, into which the injured party also entered in an attempt to get back to his apartment.
While inside the lift, the accused “unzipped himself”, exposing his penis, Ms Delangy said, detailing how he then turned the injured party around by his hips and attempted to pull down his shorts.
Toader, who says he has been in a ‘stable’ relationship with a woman for several years, also put his hands on his own penis and grabbed and slapped the victim’s bottom, the court heard.
The injured party said that his attacker’s penis was erect and that he could feel liquid on it in the midst of the incident.
When the lift door opened, the injured party managed to push the accused away from him; however, he was followed to his apartment door, which the accused then forced his way into.
The accused then attempted to pull the injured party’s shorts down again and rubbed his own penis on the victim’s leg.
The injured party said he began to shout for his boyfriend, at which point the accused made off. He said he was “visibly shaking and distraught” after his ordeal.
On the 22nd of July, the injured party approached Gardaí at Pearse Street, where he made a statement.
The accused was identified from CCTV by two members of An Garda Síochána before his home was searched, in the midst of which the grey hoodie he had worn at the time of the assault was recovered.
The accused accepted that he had been out on the night in question but did not make any admissions in respect of the assault.
He has 13 previous convictions, including five for Section 4 theft, one for attempted theft, two for handling stolen property, one under the Drugs Act, and one for breaches of the Public Order Act.
The court heard that the accused was on bail in respect of two matters at the time of the offence.
Judge Crowe heard that the accused has never served a custodial sentence in respect of his previous offending, receiving instead a three month fully suspended sentence, as well as a number of community service orders.
In his victim impact statement, the injured party said the assault has “changed the trajectory” of his life for the worse and has impacted his mental and physical health. He described missing family events due to “anxiety” and “panic attacks”, saying his family and friends saw him change from a “confident” person to a “nervous” one.
“I still feel ashamed that my body froze and I wasn’t more aggressive in fighting him off me, he said.
The victim recalled how he had been sexually assaulted on a previous occasion and how the later assault had caused him to seek the assistance of a psychotherapist, and that he is now on medication for anxiety and depression.
He described experiencing “severe panic attacks” and being “housebound” as he felt “defensive, and jumpy” and didn’t feel safe on public transport.
The injured party said that he had spent large amounts of time alone in his home, that he was aware of a “stigma around men who are assaulted in this way”, and that he had experienced a major panic attack at an airport.
“Everyone should have the right to get home safely,” he said. He also told the court, “I don’t think this person has shown any remorse.”
Addressing the court, defending counsel Keith Spencer BL, said, “I don’t have instructions to apologize don’t have an explanation how or why this unfolded on the night”.
Mr. Spencer argued that his client is a member of the “Roma community” and came to Ireland in 2006, where he worked in construction for a period of time.
Toader got a house through the HAP scheme in 2021, but was evicted from the property in 2022.
Toader became homeless in 2021, has difficulties with cannabis, and was “taking sleeping tablets”, he said.
The accused is in a “constant struggle with his mental health”, and “smoking cannabis does not assist in that regard, Mr. Spencer said.
Judge Orla Crowe said that the assault was a “gross violation of the injured party’s right to bodily integrity.”
She said that Toader “would not take no for an answer” and was “physically aggressive” with the injured party, whom he persisted in following from the pizza shop to his apartment.
The court noted that the injured party “made it very clear he did not want to engage in anything” with Toader, who had “forced” the victim’s hand “onto his penis”.
Judge Crowe described the assault as “degrading behaviour”, calling it “unwanted and unjustified”, noting the “deep and profound” impact it had on the “young man”.
“The court is conscious that this process does not undo that damage,” she said, noting the injured party’s “courage” in going to the Gardaí “in case anyone else would be victimised”.
The injured party “wanted to get a pizza and go home,” she said.
The maximum sentence for the charge of sexual assault is 10 years.
The court set a headling sentence of five years before reducing this to four years in prison, with the final six months suspended for a period of two years.
The effective sentence of three years and six months is to be backdated to the 30th of October 2025 to give credit for time already served in custody.