No jail for man who indecently assaulted seven-year-old boy

A Dublin man has today been given a suspended sentence after admitting to indecently assaulting a seven-year-old boy 34 years ago.

Brian Casey (aged 60) gave the boy Action Man toys and money when he abused him.

Casey of Cherry Avenue, River Valley, Swords pleaded guilty at Dublin Circuit Criminal Court to indecent assault of a male at Walkinstown between June and December 1978.

Judge Desmond Hogan noted the amount of time that has passed since the offence. He also noted that Casey has no other convictions and that a psychological report put him at a low risk of reoffending.

He suspended a sentence of two year's imprisonment. Casey has been registered as a sex offender.

The court heard that the boy, who was aged between seven and eight at the time, would walk past Casey’s previous home in Walkinstown on his way to Cub Scouts.

Casey, who was aged 27, invited the boy into his garage and started tickling him. He asked the boy what he would do if he gave him an Action Man.

The accused rubbed the boy's legs and gave him IR£5. As the boy was leaving, the accused put his hand on his bottom.

The following day, the accused told the boy he had something to show him. He showed him a leather bomber style Action Man jacket. The boy was very excited to see this, said Sgt Cullen.

He also showed him an Action Man snow scene which had been set up in the garage. On that occasion, Casey touched him in a private area.

As the boy was leaving, Casey gave him a bear hug and as he did that, he again touched him in private areas.

He also abused the boy on another occasion and gave him £3.

Garda Sergeant Karen Cullen told prosecution counsel, Tara Burns BL, that these events continued up until December 1978. At some stages, the boy could visit the garage once or twice a week, while on other occasions he wouldn't attend for weeks.

On the final occasion the boy went to the garage, Casey gave him Action Men to play with. He abused the boy on that occasion also.

“The boy realised this was extremely serious,” said Ms Burns.

The court heard that the boy's relationship with his father deteriorated as a result of what had happened.

His father would see that he had extra money and Action Man dolls and believed he was a thief as the boy didn't tell his family where he got them, said Ms Burns.

She told Judge Hogan that the victim went to gardaí in 2005. Casey initially denied any involvement, but later made some admissions. He has no previous convictions.

Ronan Monro BL, defending, said his client wished to publically accept the hurt he had caused to the victim. He said Casey had paid out €65,000 as a settlement in a civil case brought by the victim.

Ms Burns told the court that the 2007 High Court ruling by Ms Justice Mary Laffoy had found the maximum penalty of 10 years for the indecent assault of a male was unconstitutional.

She said the maximum sentence allowed was now two years. The law has since being changed.