Sex assault Cork man jailed for a year

A 31-year-old Cork man who sexually assaulted a 12-year-old girl has been jailed for 12 months by Dublin Circuit Criminal Court.

The man also pleaded guilty to another count of assault on a 13-year-old girl on the same occasion on February 18, 2003.

Judge Desmond Hogan accepted that the man had sustained various brain injuries from a road traffic accident in February 2000, which meant that he now behaved in a socially-incorrect manner when in people’s company.

Mr David Goldberg SC, defending, said that this posed a dilemma for Judge Hogan, as the man was always at risk of re-offending because these injuries are irreversible.

Judge Hogan said that the man’s "unfortunate mental abilities" meant that he was unable to either recognise the seriousness of the offence or have much empathy for his victims. He said that this "is a grave worry" and he felt he could only protect the public from this man by remanding him in custody.

Judge Hogan sentenced the man to two years in prison but suspended the last 12 months on condition that he keep the peace and be of good behaviour for a period of three years.

He further ordered that the man participate in any training or therapeutic programmes as directed by the probation services. He said if the man should breach any of these conditions he would activate the suspended sentence and jail him for a further three years.

Garda John O’Sullivan told prosecuting counsel, Mr Sean Gillane BL, when evidence was heard on November 26 last, that the accused emerged from bushes near where a group of young girls were playing and asked two of them to go for a drink.

They replied they were too young and when they appeared to become frightened, he asked one of them to shake his hand.

Garda O’Sullivan said one of the girls consented as she thought he would then let them leave but he then pulled her into him by grabbing her shoulders and put his hands out and squeezed her bum.

When her companions became more frightened he asked one of the others to also shake his hand. After initially refusing, she again agreed to as she thought they would then be able to get away.

The man then reached out and touched this other girls arm before he reached towards her stomach. When his hand came close to her private parts she quickly moved away.

Garda O’Sullivan said the accused was arrested after one of the girls’ mothers made a complaint to gardaí. When arrested, he said: "Oh, is that about me catching that young one on the arse." He told gardaí he was trying to take a twig from the girl’s back.

Garda O’Sullivan told Mr Gillane that the man had 27 previous convictions. a number of which were related to indecent phone messages.