Courts / Tipperary / Report
Too much weight placed on abuser's blaming of victim, appeal told
Summary
A 46-year-old man has appealed his sentence for sexually abusing a 13-year-old girl. The defendant, who cannot be named to protect the victim's identity, pleaded guilty to defilement and sexual exploitation of a child and three charges of sexual assault occurring between September 2014 and August 2015. He had six previous convictions, including for sexual assault in 1993. At the Central Criminal Court, Mr Justice White imposed a nine-year sentence, with the final two years suspended. The man argued in his appeal to the Court of Appeal that the sentencing judge placed too much weight on his claim that the girl initiated the contact due to hormonal urges. His barrister, Colman Cody SC, submitted that undue weight was attached to this factor. The court heard evidence that the man had been in a relationship with the girl's mother and that phone analysis confirmed he sent sexualised text messages to her. The survivor stated she initially viewed him as a father figure but later realized the abuse was not normal. The Court of Appeal, presided over by Justice George Birmingham with Justices Kennedy and Ni Raifeartaigh, reserved judgement and will deliver their decision at a later date.
Who, what, where, when and why
What: Report matter: Too much weight placed on abuser's blaming of victim, appeal told. Charges or matters: defilement and sexual exploitation of a child and three charges of sexual assault on dates between September 2014 and August 2015. Procedural stage: appeal
When:
- September 2014 Incident
- August 2015 Incident
- 2020-06-09 Publication
Why: Her abuser had claimed that the incidents had happened because of the girl's hormonal urges. CNI source report
Case subjects
Defendant
Charges: defilement and sexual exploitation of a child and three charges of sexual assault on dates between September 2014 and August 2015 (Admitted)
Plea: Guilty
Outcome: Mr Justice White imposed a nine-year sentence with the final two years suspended.
Places mentioned
- The Central Criminal Court
- Court of Appeal
Topics
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