A married Corkman who wrongly labelled his then 14-year-old victim as "a rent boy" has been jailed for seven years by Mr Justice Paul Carney for anally raping the boy.
Brian Flynn, aged 33, of Kilmore Road, Knocknaheeny was found guilty by a Central Criminal Court jury on a 10-2 majority of committing the crime on May 28, 2001 in Cork.
The jury of four men and eight women reached its verdict after almost six hours deliberations on day-three of the hearing in February.
Flynn was also jailed for four years for sexually assaulting the boy. He pleaded guilty to this charge at the start of his trial.
The sentences are to run concurrently and to date from October 2003 when he was taken in custody on a bench warrant for failing to appear for trial on this issue.
The victim’s mother told Mr Justice Carney her son’s life and that of their family had been destroyed by Flynn’s crime. She said her son had gone from being an "A" student to failure and had threatened to commit suicide by hanging himself from their landing.
"He was a well-balanced and a good boy before this but became disruptive and depressed. I was called to the school several times about the drastic changes in him," she said.
She added that Flynn had shown no remorse and had laughed in the faces of all her family. "He has destroyed our lives. We will never be the same again."
Mr Justice Carney, who certified Flynn as a sex offender, told the victim’s mother that he would take her evidence into consideration in sentencing but that the Court of Criminal Appeal had ruled that it was not a contest between the culprit and the victim but between the State and the culprit.
He said he would also not take any threat of suicide into account from any side because anyone could come to court and make such a threat.
He said the Probation Report indicated Flynn still resisted taking responsibility for raping the boy and said that among the other matters he was taking were the breach of trust relating to what Flynn did to a young neighbour, the victim’s age, a threat to kill him and his "false innuendo" that the victim was ‘a rent boy’.
Sergeant David Foley earlier told prosecuting counsel Mr Justice Dillon SC (with Mr Paddy McCarthy SC), that garda investigations could find no substance whatever to the ‘rent boy’ claim.
Sgt. Foley described Flynn as "a habitual drinker". He said Flynn had a number of previous convictions at the District Court going back to 1993 for public order offences and was also jailed for six months for failing previously to appear for this trial.
Mr Justice Carney said Flynn’s previous convictions had no relevance to this case and he discounted them in his sentencing. He refused leave to appeal conviction and sentence.
The now 18-year-old victim told the jury that Flynn called him up to his bedroom, having said he had something to show him, and when he got there he demanded: "Give me a blow job or I’ll kill ya." He said Flynn anally raped him after he refused his demand for oral sex.
Sgt Foley said that following his arrest Flynn claimed to gardaí he met the victim outside his bathroom and asked him for "a blow job" to which the youth replied "okay, a tenner".
Flynn said they went into the bedroom and when his wife arrived home a few minutes later and found them there "she lost it".
Flynn’s wife told defence counsel, Mr Ciaran O’Loughlin SC (with Ms Niamh Stewart BL) she was "in shock" when she came to the bedroom and saw the youth trying to pull on his trousers while her husband was fully dressed.
She demanded to know what was happening and the youth said he was showing Flynn a rash on his leg.