Rape victim group: Judges need guidelines on bail refusal

THE Rape Crisis Network wants judges to be given clear guidelines on when they should refuse bail to convicted sex offenders, particularly those who have abused children.

A spokesperson for Rape Crisis Network Ireland (RCNI) said the criminal justice system needed to consider whether bail pending sentence was wise or appropriate for those convicted of serious offences against a person.

The comments came after a judge granted bail to a convicted 61-year-old child abuser who is awaiting sentence. The man raped and sexually assaulted a young boy over a period of five years. The abuse began when the boy was only five years old. He is now 17.

“This case is particularly worrying, given the effect this court’s decision may now be having on the child the offender abused,” said Caroline Counihan, RCNI’s legal director.

“A courageous 17-year-old who will shortly be sitting his Leaving Certificate should today be feeling safer than he may have done since he was repeatedly abused from the age of five until he was 10 years old.

“It is reported that the offender threatened to kill this child after each episode of abuse. That sex offender, who denied all charges and so put the child through a trial process, was found guilty. That should have been the end of the child’s ordeal. Instead, the convicted sex offender is not in jail, and this Leaving Cert student and his family are now exposed to further uncertainty and anxiety.”

Ms Counihan said that given the seriousness of the offences it is difficult to see any justification for the judge granting bail.

A RCNI spokesperson added that the organisation wanted clear guidelines to be given to judges when dealing with such cases.

“We have seen a number of cases recently where convicted offenders have absconded. It is understandable that someone be given bail prior to conviction and might be innocent, but in cases where a conviction has been secured clear guidelines should be in place.”

In October last a convicted sex offender, who authorities believe to be a risk to children, was released on bail in Kerry.

Despite objections from prosecutors who argue that he remains a risk to minors, Desmond Hogan, who sexually assaulted a teenage, special needs boy three years ago, was released on bail from Tralee Circuit Criminal Court after his sentencing was adjourned.

Mr Hogan, a renowned author, still believes he did nothing wrong, according to the probation service. He is awaiting sentencing.