Ten years for Wicklow man for raping boy

A 31-year-old Co Wicklow man who orally raped and sexually assaulted a young boy has been jailed for 10 years by Mr Justice Paul Carney at the Central Criminal Court.

The former Irish Army man, who also served with the United Nations in the Lebanon, pleaded guilty to 14 charges of sexual assault and oral rape on dates in 2001 and 2002 in Ireland and abroad. He cannot be named for legal reasons.

Garda Avril Foley told Ms Mary Ellen Ring SC (with Mr Garnet Orange BL) that the boy was aged eight to 10 years when the offences happened in both his and the man's family homes and abroad.

Ms Ring said there had been a major breach of trust in this case. She said the first 10 counts each carried a maximum 14 years sentence and the other four a maximum of life imprisonment.

Mr Justice Carney who directed that the man be registered as a sex offender as required by legislation said: "These offences are horrific in themselves and a grave factor is the breach of trust involved."

He said he was required by the authorities to first identify the range of penalties available to the court; secondly, to place this case at the appropriate point and, thereafter, to discount such mitigating features as found in favour of the man.

Mr Justice Carney said that whether people liked it or not the range of penalty available went from suspended sentence to life imprisonment and he had been upheld at each end by the Court of Criminal Appeal.

He noted that in his recent "monumental judgement" in the Drought case, Mr Justice Peter Charleton reviewed all the modern sentences imposed and referred to abuse of trust being an important factor when he (Mr Justice Carney) imposed a life sentence on Christopher Griffin, emphasising the age of the victim when she was raped and the effect it had on her.

Mr Justice Carney said that having regard to all "the features of the outrages in this case" he placed it on a scale of 15 years and thereafter he was required to look at mitigating factors, including that the defendant didn't resist extradition and had pleaded guilty, which was of particular benefit to the victim who knew he wouldn't have to give evidence at a trial.

Mr Justice Carney said he also accepted the man's remorse and his apology and it was also mandatory on the court to take into account that he had been sexually abused as a child. "A sentence of mine was cut within the past week for not taking this into account," he said.

He noted also that the man was willing to take part in a sex abusers treatment course for which he was considered suitable and said that if he didn't consider all these "another court will". He directed that the man undergo five years post release supervision.

Gda Foley told Ms Ring that the man moved in with the boy's mother and her children in what proved to be a difficult relationship and they were apart for periods.

Gda Foley said that after the man's relationship with the boy's mother finally broke down and the victim was sure he had left the house he told his mother and gardaí were contacted.

The man moved out of the jurisdiction again but was traced through Interpol and extradited. He had four previous convictions here mainly for road traffic offences and nine abroad during 2005 - 2006 for theft, possession of heroin, having an offensive weapon and road traffic matters.

Gda Foley agreed with Mr Brendan Grehan SC (with Mr Kieran Kelly BL), defending, that the man had drugs and drink abuse habits and his foreign convictions were related to that problem.

She also agreed his guilty plea was indicated in advance and he had been in custody since October 2006 when he was extradited home to be charged and so wasn't interviewed about the offences in a manner which might have allowed him make early admissions.

Mr Grehan submitted that his client had expressed remorse and had written out his thoughts on the abuse, noting that "in the cold light of day" he found it hard to believe his actions. He apologised in his note to the boy and wished him and his family well for the future.

Counsel said the probation report outlined that his client had learning difficulties at school and had been a victim himself of child sexual abuse. He then developed serious addiction problems which led to hospitalisation for heroin overdose and other acute substance abuse.

Mr Grehan said he readily admitted his appalling breach of trust and had now gained insight into his wrongdoing. The probation report outlined how he was dealing with the issues affecting him and since going into custody was now clean of all his addictions for the first time in his life.