DPP v Husrveit' is the second case since the introduction of s 2 of the Criminal Law (Rape) Act 1981 (section 2 rape) to impose an outright non-custodial sentence for an offence of rape in Ireland.2 The case concerns the repeated rape and sexual assault of a woman by her partner as she slept, often while she was under the influence of prescribed medication which had a sedative effect. The behaviour of the defendant first came to light during the relationship when he admitted to the assaults following a confrontation with the victim and later during an email exchange where the victim asked him to explain his actions. The emails from the defendant detailed how he had raped the victim up to 10 times and touched her in her sleep up to three times per week throughout their relationship. The defendant received a suspended sentence of seven years' imprisonment, having pleaded guilty at the Central Criminal Court to one count of rape and one count of sexual assault between 2011 and 2012. In suspending the sentence, McCarthy J described the circumstances as very exceptional.