Food delivery driver who sexually assaulted student gets suspended sentence

A food delivery man who “abused the trust” of a student who had ordered a takeaway by sexually assaulting her has received a suspended prison sentence.

Arslan Cheema (29) of Brookview Avenue, Artane, Dublin 5, pleaded guilty to one count of sexual assault carried out in a car outside student accommodation in the city centre in April 2021.

Dublin Circuit Criminal Court previously heard that the injured party was 19 at the time and had been on first-name terms with Cheema, from whom she ordered regular takeaways.

In a victim impact statement, which she previously read to the court, the student addressed Cheema, saying he had destroyed her self-image and her confidence.

“You hurt me so much; no one can even begin to imagine what you have done to me,” the young woman said.

She said she was devastated after the assault and scrubbed her hands so hard they bled.

“I felt so disgusted with myself. I had a breakdown. I ended up in hospital,” said the woman, who added that she was put on antidepressants and antipsychotics, which made her gain weight and feel like a zombie.

Imposing sentence on Monday, Judge Orla Crowe said there was a “level of familiarity, comfort and trust” between Cheema and the victim, which he abused.

She said the aggravating factors included the breach of trust and the impact on the victim.

She said the victim impact statement described the “profound” effects on the woman, who “thought she could trust him [Cheema] and he abused that trust”.

Judge Crowe said Cheema’s apology when contacted by the woman’s friend that night “rang hollow to this court”, however, she noted that he had “belatedly” recognised the harm caused to the victim.

Having considered the mitigation, she imposed an 18-month sentence, suspended in full on strict conditions for a period of three years.

The judge noted Cheema will also be on the sex offenders’ register.

Det Gda Conor Mackey previously told Lisa Dempsey BL, prosecuting, that the woman told gardaí she had been collecting food at the front gate of the student complex where she lived at the time.

She said it was dark on the night and the weather was not great, so she got into the passenger seat of the parked vehicle.

The woman told gardaí that Cheema placed her hand on his penis and tried to kiss her.

She said she felt very uncomfortable and was “frozen and shook”, guessing it lasted around 10 seconds.

The woman asked Cheema “What’s wrong with you?” and he said he hadn’t had sex and his partner was pregnant.

She said there was some proposal by him that they get into the back of the car, and he grabbed her face and tried to kiss her. She told him to get off her, and she left the car, slamming the door.

The student went back to her apartment and notified her friend and then gardaí.

Cheema was arrested and gave gardaí a different account, saying they were friendly and that he felt they could talk about “sexual stuff”.

He has no previous convictions.

Gda Mackey agreed with Michael D Hourigan SC, defending, that Cheema was “downplaying” it but pointed out that there is often “belated recognition” by an offender and that he had pleaded guilty.

He regularly sends money to his mother in Pakistan and has a young child, counsel said.

A number of references were handed into court on his behalf.

Mr Hourigan asked the court to consider imposing a suspended sentence with strict conditions. He told the court on Monday that Cheema had lost his job since the previous hearing due to publicity associated with this case.