Courts / Kildare / Report

Man has jail term halved for "experimental" rape of girl when he was a minor

Date
2017-07-07

Stage
Appeal

Primary locality
Kildare

County
Kildare

Summary

A 24‑year‑old Kildare man, whose name is withheld to protect the 11‑year‑old victim, was originally sentenced to four years' imprisonment for two counts of sexual assault and an oral rape committed when he was 15. The offences involved blindfold games in which he forced his penis into the girl's mouth. The judge suspended the final two years, giving an 18‑month custodial term with six months suspended. On appeal the Court of Appeal found the original sentence did not adequately discount his youth and lack of maturity, and re‑sentenced him to 18 months with the final six months suspended for twelve months. The man pleaded guilty, described his actions as "experimental", expressed remorse, and had no prior convictions. He had subsequently qualified as an engineer and was considered unlikely to reoffend. The case was reported to Gardaí in 2013 and involved no violence or threat of violence.

Who, what, where, when and why

What: Report matter: Man has jail term halved for "experimental" rape of girl when he was a minor. Charges or matters: two counts of sexual assault in a shed at his home in Co; oral rape at his home in April 2009 and in a woodland near his home in May 2009. Procedural stage: appeal

When:

December 2008 Incident
April 2009 Incident
May 2009 Incident
November 28, 2016 Hearing Or Sentence
2017-07-07 Publication

Case subjects

Unnamed 11-year-old

Appellant

Charges: two counts of sexual assault in a shed at his home in Co; oral rape at his home in April 2009 and in a woodland near his home in May 2009 (Admitted)

Plea: Guilty

Outcome: He was sentenced to four years imprisonment with the final two suspended by Mr Justice Tony Hunt on November 28, 2016. He was accordingly re-sentenced to 18 months imprisonment with the final six suspended.