Brazilian man avoids jail term for abusing boy

A MAN who sexually assaulted a six-year-old boy and was found with 48 items of child pornography videos has avoided a jail sentence.

Charles de Sena Silva, aged 28, originally from Brazil but now of Cabra Drive, Cabra, Dublin, pleaded guilty to three counts of sexually assaulting the boy between September 1 and November 30, 2008, at the child’s home.

He also pleaded to possessing 48 video images and still images of children under 12 and teens engaging in sexual activity with adults.

Dublin Circuit Criminal Court heard Silva touched the child in the genital area outside his clothing on three occasions and that he would have done more if the boy had not told him to stop.

Silva wept as the court heard details of his own abuse as a child and the efforts he has made since the assault to deal with the effects of that abuse.

Judge Martin Nolan took into account that Silva had been abused himself as a child which had “in some way perverted his sexuality” and was the most likely explanation for his offending behaviour. He said Silva poses a moderate risk to society but noted he is getting counselling to address his behaviour.

He sentenced him to three years on each count, which he suspended in full for three years on condition Silva remains under probation supervision for three years.

A family member of the abused child ran out of court in tears as the suspended sentence was handed down.

Sean Guerin BL, for the defence, said his client had himself experienced a “lengthy ordeal” of severe sexual abuse from the age of four to the age of 13 at the hands of neighbours in Brazil.

The court heard how Silva’s mother beat him in disgust when he told her about the abuse.

A forensic psychological report, based on two years of analysis, said that Silva took full responsibility for the sexual assaults and recognised the impact they had on the victim.

He also realised that the children in the videos were also victims of abuse.

The report outlined how Silva’s “disturbing sex abuse history” had resulted in the “normalisation” of sexualisation of children.

When gardaí asked him why he had touched the victim in this case, Silva said: “I really want to know the answer as well. I want to die. I don’t want my mother to find out.”

The report concluded that while he was a “moderate to high risk for future offending” the fact that he was now in a “stable, long-term heterosexual relationship” and was “fully committed” to the therapeutic process reduced this risk.

Mr Guerin said Silva’s employers almost dismissed him because of these offences but had kept him on because they believed he was a “very honest person”.

The court heard that Silva married a woman he met since the offences came to light and that she had written a letter of support.

Mr Guerin said another reference indicated that his client had undergone “an incredible transformation” since the offences were committed.