Rape crisis groups ask if wealth means shorter sentences
Lyons, a 51-year-old married father, received a six-year sentence for a serious sexual assault on a 27-year-old woman, but five and a half years were suspended.
The successful businessman was also ordered to pay €75,000 compensation to the victim, who has not been named.
The Rape Crisis Network of Ireland said the victim “did not ask for compensation, they asked for justice” and said it was likely Lyons would have got a longer sentence if he was less wealthy.
The Dublin Rape Crisis Centre said the victim should have been consulted before the compensation order was made and said if the victim wanted to appeal the sentence, the DPP should do so.
Speaking after the sentencing, a member of the victim’s family told the media that “money talks”.
Cliona Saidlear of the RCNI said the custodial sentence was “very low”. She said the judge had acknowledged the seriousness of the offence, saying the attendant violence put it at the higher end of the scale.
“He arrived at a six-year sentence,” said Ms Saidlear.
“What is absent is an explanation of the mitigating factors that could reduce a six-year sentence to a six-month custodial period. Crucially the defendant contested this case [while he did not contest the facts he did contest responsibility], therefore his contrition and apology must be understood in that context.
“While the judge is clear that the compensation that he took upon himself to order is not in lieu of punishment, it is difficult not to reach the conclusion that had Anthony Lyons been a less wealthy man his custodial sentence would be longer. The victim did not ask for compensation, they asked for justice. They were not consulted as to the compensation.”
Ellen O’Malley-Dunlop of DRCC said: “If the victim is happy with it, that’s the most important thing if she feels she got justice. But, if the victim feels she hasn’t got justice I would ask the DPP to review the unduly lenient sentence.”
Ms O’Malley-Dunlop said having five and a half years suspended from a six-year sentence was a “lot of suspension”. She said that, with standard remission, the perpetrator would be out in four and a half months.
She said the victim should have been consulted before a decision was made to issue a compensation order and said the case “leaves open the question” if someone has money they could avoid a long custodial sentence.
She said this brought into question the fairness of the criminal justice system, adding that while she was aware of the legal provision allowing for a compensation order to be given, she did not know of any previous cases where it was used for sex offences.
* National Rape Crisis Helpline: 1800 77 8888
