Courts / Ireland / Report
Risk that offenders who use pornography could claim they are victim of 'societal problem', lawyer argues
Summary
In a Court of Appeal hearing, the Director of Public Prosecutions (DPP) argued that a 21‑year‑old man who had pleaded guilty to raping his eight‑year‑old niece and to other sexual offences should receive a longer custodial sentence than the five‑year suspended term imposed by Ms Justice Deirdre Murphy. The DPP contended that the man's claim of being a victim of a "societal problem" – specifically the influence of pornography – had unduly mitigated his culpability. The DPP cited evidence that the man had viewed pornographic material since age nine, had used a gaming app to send explicit messages to the victim's mother, and had threatened the victim's younger sister. The court noted that the suspended sentence was rare and that a pre‑mitigation sentence of 10‑12 years would have been appropriate if the offence had been committed by an adult. The judge's decision was reserved.
Who, what, where, when and why
What: Report matter: Risk that offenders who use pornography could claim they are victim of 'societal problem', lawyer argues. Charges or matters: sample counts of rape, contrary to Section 4 of Criminal Law (Rape) Amended Act, and sexual assault, contrary to Section 2 of the same Act, at various dates and locations in the south of the country between May 2016 and April 2019; a single count of using technology to facilitate the sexual exploitation of a child, contrary to Section 8 (1) of the Criminal Law (Sexual Offences) Act. Procedural stage: appeal
When:
- May 2016 Incident
- April 2019 Incident
- 2022-05-19 Publication
Case subjects
Defendant
Charges: sample counts of rape, contrary to Section 4 of Criminal Law (Rape) Amended Act, and sexual assault, contrary to Section 2 of the same Act, at various dates and locations in the south of the country between May 2016 and April 2019; a single count of using technology to facilitate the sexual exploitation of a child, contrary to Section 8 (1) of the Criminal Law (Sexual Offences) Act (Admitted)
Plea: Guilty
Outcome: The submission was made in the State's appeal against the fully suspended sentence handed down to a man who admitted raping his eight-year-old niece when he was 14 after he had viewed pornography. During submissions, Court President Mr Justice George Birmingham observed the sentence imposed by Ms Justice Murphy had been "out of the norm". "Entirely suspended sentences are very rare indeed," said Mr Justice Birmingham, who was sitting with Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy.
Places mentioned
- Court of Appeal
- Central Criminal Court
Topics
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request