Courts / Ireland / Report

Transgender woman sexually abused step-son

Summary

An unnamed 32-year-old woman, who cannot be named to protect the victim's identity, has appealed the severity of her sentence following a conviction for sexual assault and child cruelty. The appellant was convicted by a Circuit Criminal Court jury of ten counts of sexual assault under section 2 of the Criminal Law (Rape) Act 1990 and one count of child cruelty. The offences, which occurred between September 2011 and September 2013, involved the abuse of her step-son, who was four years old at the time. The trial heard that the appellant, who was male at birth and later transitioned, acted as a step-father and subjected the boy to physical and sexual abuse, including threats to break his limbs. On December 9, 2019, the sentencing judge imposed a term of six years and six months imprisonment, with the final six months suspended. In the Court of Appeal, counsel Roderick O'Hanlon SC argued that the sentencing judge failed to adequately consider the difficulties the appellant would face in a women's prison due to her transgender status. He further contended that a greater portion of the sentence should have been suspended to facilitate rehabilitation. The appeal was heard by President Mr Justice George Birmingham, sitting with Ms Justice Aileen Donnelly and Ms Justice Isobel Kennedy. The court reserved its judgment on the sentence appeal, meaning the matter was adjourned and not concluded.

Who, what, where, when and why

What: Report matter: Transgender woman sexually abused step-son. Charges or matters: one count of child cruelty. Procedural stage: appeal. Findings: Convicted

When:

• September 2011 Incident
• September 2013 Incident
• December 9, 2019 Incident
• 2021-02-26 Publication

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

Read the original CNI report