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Sexual offences court reports

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2023-03-13 · Ireland

Reliance of innocent family on abuser can't justify non-custodial sentence, judge notes

In a High Court case, Mr Justice Paul Burns sentenced two brothers, aged 46 and 44, to three‑year terms for repeated rape and sexual assault of a younger brother in their family home. The 46‑year‑old pleaded guilty to 15 charges of sexual assault and anal rape between May 1990 and December 1993; the 44‑year‑old pleaded guilty to 13 similar charges. Each brother received a three‑year term with the final 18 months suspended for the rape charges and a concurrent 12‑month prison term for the sexual assault. Both men are now registered sex offenders. The judge noted that the brothers' low risk of re‑offending and the fact that they were children at the time of the offences meant a post‑release supervision order was unnecessary. He expressed sympathy for the victim and hoped that further intervention and family support might lessen the harm caused.

2023-03-13 · Ireland

'A place of pain': combined sentences of 33 years for woman and partner over repeated rape of girl (5) and boy (3)

In March 2023 the Central Criminal Court sentenced a 40‑year‑old woman and her 52‑year‑old partner to a combined 33 years for repeated rape and sexual abuse of their five‑year‑old daughter and three‑year‑old son. The couple denied the charges, which included rape, oral rape, sexual assault, sexual exploitation, reckless endangerment and false imprisonment, and were tried in 2022. Mr Justice David Keane imposed 19 years on the man and 14 years on the woman, with all sentences running concurrently. The judge noted the children's profound trauma and the breach of trust by a mother who allowed the abuse. Both defendants were added to the sexual offenders register and will be supervised by the Probation Service for two years after release. No portion of the sentences was suspended. The court expressed hope that the children would find strength in the verdict. The unnamed 40-year-old was convicted.

2023-03-13 · Cork

Victim says giving evidence during trial felt like 'being sexually assaulted again in public'

Kenneth Reilly, 63, was jailed for five years after a jury found him guilty of three counts of indecent assault on his sister‑in‑law, Helene Hallisey Power, between 1982 and 1985 when she was aged 12 to 16. The trial, held in the Central Criminal Court in Cork, concluded in October after a series of allegations that Reilly forced Power to masturbate, photographed her without clothes, and made her watch pornographic films. Power, now 54, testified that the abuse left her feeling "dirty, ashamed, empty and completely confused," and that taking the stand felt like a re‑experience of sexual assault. She described the impact on her mental health and her decision to speak out. Reilly, who has no prior convictions, accepted the verdicts and was sentenced by Ms Justice Creedon to six years, with the final year suspended on conditions, back‑dated to his entry into custody.

2023-03-10 · Cork

Jail for Cork man who raped and abused young cousin

A 55‑year‑old Cork man was sentenced to eight years in prison, with the final two years suspended, for raping and sexually abusing his younger cousin over a ten‑year period from 1985 to 1995. He was convicted on 33 counts, including 20 of indecent assault and 13 of section 4 rape. The victim, aged between five and 15 at the time of the abuse, suffered repeated sexual assault, forced masturbation, oral and anal rape, occurring on average twice a week. The defendant, who was 18 when the abuse began, pleaded not guilty and continues to deny the offences. The court noted the significant age disparity, the prolonged nature of the abuse, and the victim's negative psychological impact, including suicidal thoughts and loss of friends, jobs and a normal life. The judge, acknowledging the defendant's serious medical condition, anxiety, mild learning difficulty and sheltered life, nevertheless placed the case in the more serious category and imposed the sentence.

2023-03-10 · Offaly

Priest who abused victim as he drove her to Rape Crisis Centre gets suspended sentence

Joe Dunne, a former priest from Ballycrystal, Geashill, pleaded guilty to five counts of indecent assault against a young woman in 1989. The victim, who had been abused and hospitalized, was driven by Dunne to the Rape Crisis Centre for counselling, during which he repeatedly assaulted her. She later wrote to her bishop, but little action was taken. In 2019, Gardaí discovered her letters and she disclosed the abuse. Dunne, who has no prior convictions and is the sole carer for his 94‑year‑old sister, was sentenced by Justice Paul McDermott to four years imprisonment. The judge suspended the entire sentence on strict conditions, citing the disproportionate impact on his sister and Dunne's health issues. The court noted the victim's 34‑year trauma and the breach of trust by Dunne. The sentence requires probation and offence‑focused work.

2023-03-06 · Donegal

Donegal man who sexually assaulted partner while she slept is given suspended sentence

A Donegal man has received a fully suspended sentence following his conviction for sexually assaulting his partner while she slept at their family home in February 2018. The 31-year-old pleaded guilty to sexual assault at the Central Criminal Court after two jury trials ended in disagreement on a more serious charge. Mr Justice Paul McDermott imposed a sentence of two years and six months, suspended in full, citing the guilty plea entered at the earliest opportunity, the man's lack of previous convictions, and assessed low risk of reoffending. The judge set a headline sentence of four years before mitigation. The victim told the court the offence had devastated her life and sense of security. Justice McDermott ordered three years of probation supervision and imposed a condition that the man have no contact with the woman. He also commended the complainant's courage in pursuing the case and cautioned against community attitudes that might target her.

2023-03-06 · Dublin

Pensioner with over 200 previous convictions jailed for sex assault on teen

A 78‑year‑old pensioner with more than 200 prior convictions was sentenced to three years' imprisonment for sexually assaulting a 16‑year‑old girl on public transport in County Dublin. He pleaded guilty to one count of sexual assault on 14 February 2020 and to one count of public masturbation on 12 February 2020. Judge Martin Nolan imposed a three‑year term for the assault and a six‑month term for the public masturbation, both to run concurrently and back‑dated to 19 February 2020 when the defendant was remanded. The court noted the victim's fear and anxiety after the incident, which lasted about eight minutes, and the impact on her schoolwork. The defendant, who is married with two sons, has further convictions pending for a separate matter later this year. The judge emphasised that the court's role is punishment, not preventative detention. The sentences are to be served in custody.

2023-03-06 · Sligo

12.5 years for psychiatric nurse who repeatedly raped wife and abused daughter

At the Central Criminal Court, Martin Doyle, aged 53, of Esker, Knock, County Mayo, was convicted following trial of two counts of rape and 25 counts of sexual assault. The offences comprised the rape of his wife on two occasions in May 2009 and once in November 2011, and systematic sexual assault of his daughter between 2004 and 2011 while the family resided in County Meath and subsequently County Sligo. Justice Caroline Biggs imposed a sentence of twelve and a half years imprisonment, with two years post-release supervision to follow. The court heard evidence of assaults occurring in domestic settings and at Lough Gara, Gurteen. Doyle maintained his not-guilty plea throughout proceedings. The judge noted the absence of remorse while acknowledging his work history and lack of previous convictions as mitigating factors. She described the abuse as a systematic pattern causing near-complete destruction of the child victim's childhood. Martin Doyle pleaded not guilty.

2023-03-03 · Dublin

'Way off the rails': teen has year of deferred sentence for defilement activated

A 17‑year‑old boy, who was 14 when he committed unlawful sexual intercourse with a girl under 15 in a public park on 31 December 2019, had a four‑year deferred sentence activated after breaching conditions set by the Central Criminal Court. The judge had originally imposed a four‑year detention order, deferred under the Children Act 2001, with conditions that the boy not commit further offences, follow all directions of the Probation Service and avoid contact with the victim. The boy pleaded guilty to defilement but denied unlawful sex, claiming the victim had instigated the acts and that they were consensual. At the hearing, the court found the boy had breached the conditions, activated 12 months of the four‑year period, and suspended the remaining three years for two years. The judge urged the boy to engage with probation services during his detention. The victim's impact statement described lasting trauma and a loss of trust.

2023-02-27 · Wicklow

Man who raped and abused younger sister attacked her years later when she was pregnant

In a Central Criminal Court hearing, a 71‑year‑old man was sentenced to nine years' imprisonment, with the final year suspended, for raping and sexually abusing his younger sister from childhood until a final assault when she was heavily pregnant. The court heard that the man began raping his sister when she was 14, fearing pregnancy, and continued indecent assault until she met her future husband. He stopped raping her at that point but assaulted her again in 1983, when she was pregnant. The jury convicted him of 69 counts of indecent assault and rape between 1964 and 1973. The judge noted the victim's repeated attempts to report abuse were dismissed and she was beaten. The defendant, who has no prior convictions, accepted the verdicts but denied rape, and the court found little remorse or insight into his offending. The sentence was imposed with a suspended final year under strict conditions.

2023-02-27 · Dublin

Man admits to indecent assault at Christian Brothers School

Paul Hendrick, aged 75, pleaded guilty to two counts of indecent assault against a male at the Christian Brothers' School in Westland Row between May 1980 and July 1981. He appeared before the Dublin Circuit Criminal Court, where Judge Patricia Ryan set a sentence hearing for 24 May and remanded him on bail until that date.

2023-02-24 · Leitrim

Father fails in bid to overturn conviction for abuse of daughter

An unnamed 49-year-old father has failed in his appeal against a conviction for sexually assaulting his young daughter. The appellant, who pleaded not guilty to 15 counts of sexual assault alleged to have occurred in Co Leitrim between 2006 and 2012, was convicted by a jury on a single count of forcing the girl to touch his penis. He was sentenced to four years and 10 months by Judge Francis Comerford at Carrick-on-Shannon Circuit Criminal Court in September 2021. The jury could not reach a verdict on the other 14 charges. In his appeal, the appellant argued that the conviction was unsafe due to inconsistencies in the victim's evidence regarding her age and the timeline of the abuse, as well as an inadequate judicial warning on the lack of corroborative evidence. The three-judge court, led by Ms Justice Úna Ní Raifeartaigh, dismissed the appeal. The court found that while inconsistencies existed, they were not exceptional enough to prevent the matter from going to the jury, noting that the jury's inability to agree on the other 14 counts demonstrated they were aware of contradictory evidence. The court also rejected the argument regarding the corroboration warning, stating it was unusually strong and had not been objected to at trial. The conviction and sentence stand.

2023-02-24 · Dublin

'No one took any steps to stop the abuse,' judge notes as Terenure College coach is further jailed

John McClean, a former Terenure College rugby coach, was sentenced by Judge Martin Nolan to four years' imprisonment, to run consecutively to an existing eight‑year term for abusing 23 pupils. The new sentence covers 23 additional counts of indecent assault and sexual assault against 20 boys between 1971 and 1992, bringing the total to 22 complainants. McClean, aged 78, has 96 prior convictions for indecent assault of boys under 18. The judge noted that no one intervened to stop the abuse, which occurred over a 20‑year period in the school's office, physiotherapy room and a private "smoking room." McClean's guilty pleas and expression of remorse were considered mitigating factors, but the judge emphasised the prolonged nature of the abuse and the trust he abused. The sentence will begin in February 2027, after his current term is served, and he will be 84 upon release.

2023-02-23 · Dublin

Terenure College was 'a very safe place for paedophiles', abuse victim tells court

At a Dublin Circuit Criminal Court hearing, a 60‑year‑old former Terenure College pupil described the school as "a very safe place for paedophiles" and recounted the daily bullying, humiliation and sexual abuse he endured at the hands of former rugby coach and teacher John McClean. McClean, aged 78, admitted to sexually assaulting 20 boys between 1971 and 1992 and is currently serving an 11‑year sentence, with the final three years suspended, for abusing 23 pupils. Victims testified that McClean used his positions as form master, rugby coach, French and English teacher, and his private office or physiotherapy room to prey on children, often under the pretext of treating sports injuries. Several survivors spoke of lasting mental health problems, substance misuse, relationship breakdowns and job loss caused by the abuse. McClean's guilty pleas included 23 counts of indecent assault and two counts of sexual assault. The court adjourned the case for sentencing to the following day.

2023-02-21 · Westmeath

Violent, manipulative abuser had child with girl he repeatedly defiled

The Court of Appeal dismissed the appeal of a 38‑year‑old man who had been sentenced to eight years' imprisonment, with two years suspended, for repeatedly defiling and sexually assaulting a girl who was 13 when the first offence occurred. The man had pleaded guilty to defilement of a child under 15, defilement of a child under 17 and a single count of sexual assault. He claimed he believed the girl was 16 and that he had ceased the relationship when he discovered her true age, but he returned and continued the abuse for over three years, during which the girl gave birth to their daughter at age 15. The appeal argued the sentence was excessive, citing the man's early age and the fact that he had pleaded guilty, but the court upheld the judge's decision, noting the protracted nature of the abuse, the man's violent and manipulative conduct, and the lack of mitigation from the families.

2023-02-20 · Ireland

21-month delay in charging teens means they will be tried as adults, High Court hears

The High Court heard that a 21‑month delay in charging two 15‑year‑old teenagers with false imprisonment and sexual assault has denied them the chance to be tried as minors, creating a prejudice that should halt their prosecutions. The alleged incident took place in a public park in June 2019, where a teenage girl claimed she was prevented from leaving by about eight boys, one of whom allegedly forced her to perform a sexual act and another who allegedly pulled down his trousers. The girl said she was touched, forced to kiss a boy, and could not escape until friends arrived. A complaint was made to Gardaí in early 2020, and the boys were arrested and interviewed in August 2020.

2023-02-20 · Limerick

12 years for man's rape and repeated abuse of partner's daughter

A 59‑year‑old Limerick man was sentenced to 12 years' imprisonment for raping and repeatedly sexually abusing his partner's daughter, aged 12‑14, over a two‑year period between 1994 and 1997. The jury found him guilty on 31 counts, including sexual assault, oral rape, attempted rape and attempted anal rape, all committed in the family home. He had no acceptance of the offences and no remorse, but the judge noted his otherwise blameless life and financial support for his family. Mr Justice Paul McDermott imposed concurrent sentences totalling 12 years and ordered six years of post‑release supervision, during which the man must not contact the victim, must be supervised by the probation service and must not be alone with children under 18. The victim, who was not present at sentencing, described lasting trauma, anxiety, depression and complex post‑traumatic stress disorder caused by the abuse.

2023-02-20 · Dublin

'Please don't be mad at me': court hears victim wrote note about step-brother's sex abuse

A Leaving Cert student, aged 12‑15, was found guilty by a jury of five counts of sexual assault against his step‑sister, aged 8‑11, committed between July 2016 and August 2018 in Dublin and a location outside Dublin. The victim, who cannot be named, wrote a note to her father in December 2019 stating that the accused sometimes touched her private parts when he visited. She described multiple incidents: being touched in front of her trousers in her home and a restaurant, having her pants pulled down in her bedroom, a failed attempt to hug and expose his penis, and an attempt to touch her mouth. She also recounted a moment when he forced her hand onto his penis. A victim impact statement, read by Garda Sergeant Gary Sexton, expressed how the abuse altered her life and caused anger toward her brother.

2023-02-20 · Cavan

Man jailed for rape of woman over 16 years ago

Paul Clarke, 40, of Muff, Kingscourt, Cavan, was sentenced at the Central Criminal Court for the rape of a woman in 2007. Clarke had denied the charge, claiming the victim fabricated the allegation to access his inheritance, but was convicted by a jury following a second trial after the first resulted in a hung jury. Ms Justice Karen O'Connor imposed a headline sentence of seven and a half years, which she reduced to six years, taking into account mitigating factors including Clarke's personal circumstances and a psychologist's report detailing memory issues from a 2002 car accident. The judge backdated the sentence to Clarke's initial custody in December and applied 18 months of post-release supervision. During the hearing, the judge acknowledged the victim's dignity and noted her horror that a member of Clarke's legal team had followed her on social media. The judge described Clarke's claim that the victim sought money as "unpleasant, hurtful and ugly." The court heard that the victim, then 22, was asleep in a friend's house when she was raped. She reported the incident in 2017 after years of anxiety and depression. The judge emphasized that the victim should have felt safe in her friend's home but was instead violated. The matter was concluded with the imposition of the six-year custodial sentence and supervision conditions.

2023-02-20 · Wicklow

Wedding photographer jailed for raping girl when he was teen

Tony Gummerson, aged 42, was sentenced to seven years in prison for sexually assaulting and raping his step‑niece when he was 17 and she was between seven and eight years old, between September 1997 and March 1998. A Central Criminal Court jury found him guilty of four counts of sexual assault, two counts of oral rape and one count of rape. Gummerson had previously been convicted of sexual assault and served a three‑year sentence in 2012. He was babysitting the child at the time and was ten years older, breaching a significant trust. The judge noted the abuse was pre‑meditated and occurred behind closed doors, often after waking the victim from sleep. Gummerson did not accept the verdict, showed no remorse or apology, and the judge imposed a nine‑year sentence with the final two years suspended on conditions. The sentence was back‑dated to his June 2022 custody entry.

2023-02-15 · Ireland

Child sentencing legislation not currently defective, Court of Appeal says

In a Court of Appeal hearing on 15 February 2023, Mr Justice John Edwards upheld the constitutionality of the Children Act 2001, rejecting a challenge that the legislation was defective. The case concerned a 17‑year‑old boy, who was 13 when he raped his seven‑year‑old cousin, and who had been found guilty of rape and four counts of sexual assault. Mr Justice Edwards noted that the Act provides no mechanism for deferring or suspending a custodial sentence for a minor, and that the trial judge, Ms Justice Karen O'Connor, had no alternative but to impose immediate detention. Mr Justice Edwards said the law must be applied as it stands, and that any amendment would be the responsibility of the Oireachtas. The appeal will be heard by a non‑jury, three‑judge court on 27 February, as the defendant turns 18 next month. The boy's sentence appeal remains pending. The judge denied bail for the defendant. The unnamed 17-year-old pleaded not guilty.

2023-02-14 · Ireland

Child rapist who led 'double life' has jail term increased

In February 2023 the Court of Appeal increased the jail term of a 78‑year‑old man convicted of raping and sexually abusing a child over a decade. The man, whose name is withheld to protect the victim, had been jailed for seven years after a 2021 conviction on 72 counts, including rape, oral rape, anal rape and sexual assault, committed between 1991 and 2001. The State appealed on grounds of undue leniency. Judge John Edwards ruled that the original 15‑year headline sentence had been too low, citing aggravating factors such as the child's age, the duration of the abuse and the breach of trust. The new headline sentence was 14 years, with a one‑year discount for lack of prior convictions and good character, and a four‑year suspension, leaving nine years to be served. The victim's impact statement described lasting trauma and the loss of her childhood. The man's appeal last month was dismissed. The unnamed man pleaded not guilty.

2023-02-13 · Kilkenny

Man jailed for rape of sister and abuse of other in 1970s

In a Central Criminal Court hearing, a 62‑year‑old man from County Kilkenny was sentenced to ten years and ten months in prison, with four and a half years suspended, for indecent assault and rape of his sisters between 1973 and 1979. The younger sister, aged five‑half to twelve at the time of abuse, was assaulted and raped, while the older sister, aged twelve to fifteen, was assaulted and raped in 1978‑79. The defendant admitted indecent assault of both sisters but denied rape of the younger sister. He had prior convictions for sexual assault in the mid‑1990s, receiving a two‑year suspended sentence in 2005. The judge imposed consecutive sentences, citing the family's poverty, dysfunction and the victim impact statements. The defendant was ordered to have no contact with the sisters. The case highlighted the sisters' survival and the defendant's alleged history of abuse and bipolar disorder. The unnamed accused pleaded guilty.

2023-02-13 · Ireland

'The most unimaginable abuse': girl (5) and boy (3) raped by mother and partner

The Central Criminal Court heard that a 40‑year‑old woman and her 52‑year‑old partner abused their five‑year‑old daughter and three‑year‑old son. The abuse included repeated rape, forced oral sex, and the girl being glued to a chair. The children later disclosed that the mother forced the girl to perform oral sex on the partner and that the boy was made to perform oral sex on the man. The mother and partner were tried last year and convicted of multiple counts of rape, oral rape, sexual assault, sexual exploitation, false imprisonment and reckless endangerment. The mother was convicted of four counts of sexual assault, four of sexual exploitation, four of oral rape, one of false imprisonment and one of reckless endangerment. The partner was convicted of one count of rape, six of oral rape, one of false imprisonment, one of anal rape and one of sexual assault of the boy.

2023-02-08 · Ireland

Teen detained for one year for rape of young cousin

An unnamed 17-year-old appellant, who was 13 at the time of the offences, was sentenced to one year of detention for sexually assaulting and raping his seven-year-old cousin. The defendant was found guilty by a jury of orally raping his cousin following a trial earlier this year. He also pleaded guilty to four counts of sexually assaulting her on unknown dates between October 1 and December 31, 2018. Ms Justice Karen O'Connor imposed a headline sentence of four years for the juvenile defendant, reduced to one year of detention after considering mitigating factors such as his age, lack of previous convictions, and cooperation. She also imposed nine-month sentences for each sexual assault count, all to run concurrently, and ordered two years of post-release supervision. The court noted aggravating factors including the age disparity, the power imbalance, and the fact the offences occurred in the victim's home. Last month, Ms Justice O'Connor agreed to defer finalisation of the case for two weeks while defence counsel made an application to the Court of Appeal. Defence counsel Lorcan Staines SC stated the intention was to lodge an appeal, challenging the "novel" approach taken during the trial where no cross-examination was conducted to avoid trauma to the victim. The matter was adjourned pending this application.

2023-02-07 · Cork

Intellectually challenged man jailed for abuse of niece

In February 2023, William O'Riordan, a 48‑year‑old farm labourer from Banteer, Cork, was sentenced to one year in prison for sexually abusing his niece on three occasions between September 2001 and March 2006. He pleaded guilty to three counts of sexual abuse at a location in County Cork. The judge, Mr Justice Paul McDermott, noted O'Riordan's reduced cognitive function but also that he understood his actions were wrong and showed no remorse. The sentence was suspended for two years, with conditions that he keep the peace and behave well for three years. The victim, who was nine to ten at the time, described the abuse as devastating, stating she no longer wanted to stay at her grandmother's home and feared future harm to her children. O'Riordan's mother, an elderly woman in her 80s, has been affected by the case, delaying her surgery and relying on O'Riordan for care.

2023-02-02 · Dublin

'For little Joseph': man tells court of 'unquantifiable' effect of uncle's abuse

Brendan Martin, 55, pleaded guilty to a single count of indecent assault on his seven‑year‑old nephew in 1982. The victim, Joseph Martin, waived anonymity and gave a video statement from Spain, describing the abuse as "unquantifiable" and its far‑reaching, destructive impact. He said the assault destroyed his relationship with his father, caused bed‑wetting until age 14, and left him with lasting emotional difficulties. Judge Martin Nolan noted the offender was a child at the time, aged 15, and suspended a two‑and‑a‑half‑year sentence, ordering Martin to register as a sex offender. The court heard that Martin had been babysitting the nephew for months, that the abuse involved fondling and forced kissing, and that the victim's mother had stopped allowing him to babysit. Martin had previously been convicted of sexual assault in 2003‑2004 and was fined. He is now homeless and lives in his car.

2023-02-02 · Limerick

Criminal who repeatedly defiled teenage girl has sentence halved on appeal

The Court of Appeal reduced the sentence of a 38‑year‑old man, who had 41 prior convictions, from six years to three years on each of four defilement charges. The man had been convicted in 2016 of two counts of defiling a 16‑year‑old girl, with the original sentences running consecutively: four years for the first offence and three years and six months for the second, the last 18 months suspended. The appeal argued that consecutive sentences were unnecessary because the offences occurred over a short period and involved a single victim. The Court agreed, quashing the consecutive structure and ordering that all four sentences run concurrently, thereby halving the total custodial time. The man remains on the sex offenders register. The case highlighted the victim's anxiety, depression and suicidal attempts following the offences. The unnamed 38-year-old pleaded not guilty.

2023-01-31 · Waterford

Teen rapist whose behaviour is of 'great concern' now facing trial for sex assault

The Central Criminal Court heard that an 18‑year‑old teenage rapist, who has had 12 Garda interactions in a West of Ireland town since moving there four months ago, is now facing a trial for sexual assault. The court was told by a Tusla official that all State services are working together to assist with his rehousing. The defendant, who was previously sentenced in May 2022 to a five‑year prison term suspended for three years on strict conditions, was remanded in custody for the new charge. He is also before the District Court for failing to notify Garda of his address under the Sex Offenders Act. A Probation Service official explained that the main issue is suitable accommodation, and that Waterford County Council is willing to conduct a housing assessment pending his release.

2023-01-26 · Donegal

Man who raped sleeping girlfriend is jailed

A man from Buncrana, County Donegal has been sentenced to five years imprisonment, with the final two years suspended for two years, following his conviction for rape. Francis Bourne, aged 47, pleaded guilty at the Central Criminal Court to raping a woman at her home in Donegal in November 2016. The woman was asleep when the offence occurred. During sentencing, the court heard that the complainant has since experienced nightmares, depression and suicidal ideation. Mr Justice Paul McDermott imposed strict conditions including a prohibition on any contact with the woman. In mitigation, the court considered Bourne's guilty plea, expression of remorse, lack of previous convictions and voluntary work in his community. A psychological assessment indicated medium risk of reoffending. The investigation began after the woman reported the matter to gardaí in June 2017, and subsequent evidence included admissions made by Bourne via text message.

2023-01-26 · Dublin

Child rape accused cleared because alleged victim had touched him on invitation, appeal told

In a 2023 appeal, the State argued that a 34‑year‑old man was wrongly acquitted of rape and sexual assault of a six‑to‑seven‑year‑old girl in 2005. The jury had been directed by Judge David Keane to find the man not guilty, citing UK case law that a person who invites another to touch them cannot be convicted of assault. The State cited Fairclough v Whipp and DPP v Rogers, arguing that the alleged victim's touching was voluntary and that the man's alleged actions did not constitute an active assault. The State also noted the victim's statement that the man "kind of just stopped" during the alleged assault, suggesting agency. Counsel for the respondent, Fiona Murphy, countered that the victim's touch was initiated by invitation and that no force was used, challenging the State's reliance on the UK cases.

2023-01-25 · Waterford

2.5 years for man who 'brutally' sexually assaulted 'extremely vulnerable' girlfriend

A 62‑year‑old man was sentenced to two‑and‑a‑half years in prison for two counts of sexual assault committed against his girlfriend in Waterford in 2001. The assaults, which involved vaginal and anal penetration without consent, occurred over a five‑week period during a relationship that had lasted 20 years. The victim, who has intellectual and memory difficulties, described the experience as the worst of her life and expressed a loss of self‑belief. The court noted that the defendant had pleaded guilty, expressed regret, and had lived a productive life since the offences, with no further convictions. The sentence was back‑dated to February of the previous year when the defendant entered custody after his guilty plea. The judge highlighted the serious breach of trust and the violent, targeted nature of the acts. The case was delayed largely because of the victim's learning difficulties.

2023-01-25 · Dublin

Irish man to be extradited to Denmark on charge of rape

The High Court ordered the extradition of a 38‑year‑old Irish man to Denmark on a rape charge. The offence was alleged to have occurred in Odense on 17 October 2022. A European arrest warrant was issued by a deputy judge at the Odense court on the same day, and the man was arrested by Gardaí at Dublin Airport after being identified on the Schengen Information System. Mr John Ferry BL, representing the Minister for Justice, confirmed that the Danish prosecution warrant was valid and that there was no issue with identity or certification. Judge Kerida Naidoo was satisfied that the minimum gravity of the charge was met and that the warrant was correct. He ordered the surrender of the respondent to Denmark, allowing him to remain on bail for up to 15 days with a €15,000 surety, and required him to surrender to Gardaí within 48 hours of the surrender date.

2023-01-24 · Galway

Child rapist claims he has no memory of carrying out abuse

Patrick Murphy, 36, of Kilcogan, Co Galway, was found guilty in the Central Criminal Court of six sexual assaults on two girls and eight counts of sexual assault on their seven‑year‑old cousin, plus eight counts of oral and anal rape of a boy. The offences occurred between 1999 and 2004 when Murphy was aged 12 to 17, with some taking place before he reached the age of criminal responsibility. The victims, who are sisters and a cousin, reported the abuse in 2017 and the case was brought to court. Murphy pleaded not guilty and maintains no memory of the acts, though he has expressed remorse. Justice Paul McDermott sentenced him to six years for the rape offences, with two and a half years for the sexual assaults, to run consecutively, and suspended the final year of an eight‑and‑a‑half‑year term on condition of participation in sexual offending programmes.

2023-01-23 · Galway

Woman repeatedly raped by man who gave false name on dating site

In a Central Criminal Court trial, 22‑year‑old Bajo Ziflai was found guilty of four counts of rape and one count of sexual assault against a 23‑year‑old woman he met on a dating website. He had given her a false name and arranged to meet at a house where he forced her to submit to repeated sexual violence despite her clear refusal. The victim suffered PTSD and depression, and her impact statement described ongoing flashbacks and self‑harm. Ziflai, who had no prior convictions, has been in custody since the attack. Justice Eileen Creedon sentenced him to ten years' imprisonment, suspending the final year, and ordered his placement on the Sex Offenders Register. He maintains the allegations are fabricated and refuses to apologise or accept the verdict.

2023-01-20 · Dublin

Sacked Trinity manager withdraws reinstatement bid after college seeks to question him on sex assault

Brendan Leahy, a former Trinity College facilities manager, withdrew his bid to be reinstated after the college sought to question him about a sexual assault case. Leahy had pleaded guilty in 2018 to assaulting a woman at Kehoe's Pub and received a suspended three‑month sentence, a fine, and a compensation payment. He appealed to the Dublin Circuit Criminal Court and was granted the benefit of the Probation Act in July 2021. In August 2021 he wrote to the college's HR department that the Circuit Court order meant his conviction was "disposed of". He filed an unfair dismissal claim under the Unfair Dismissals Act 1977 after being sacked in 2021. The Workplace Relations Commission hearing, held on 20 January 2023, considered evidence from the college, Leahy's barrister, and witnesses, and concluded with the adjudicator reviewing the case after a third and final hearing.

2023-01-19 · Dublin

'Like a nightmare on repeat': man repeatedly attacked, sexually assaulted partner

Derek Reid, 35, of Clonliffe Road, Dublin 3, was jailed for five and a half years after repeatedly attacking, degrading and sexually assaulting his then partner over a six‑day period in March 2018. He slapped her, choked her, head‑butted her, dragged her by the hair, sat on her chest and forced her to give him oral sex while threatening her family. He also held her in her flat against her will, threatened to make her son go missing and defecated on her bed. Reid pleaded guilty to two counts of sexual assault and to false imprisonment. The court imposed concurrent sentences of six and a half years for the sexual assaults, suspending the final year, and five and a half years for the false imprisonment, with conditions to keep the peace, attend drug and alcohol treatment and remain drug‑free. The victim described the ordeal as a "nightmare on repeat.".

2023-01-19 · Galway

Violent, high-risk rapist received excessive discount for being non-English speaker

In a 2023 Court of Appeal hearing, the court increased the sentence of Costel Pirvu, a 39‑year‑old non‑English‑speaking foreign national, for raping a 19‑year‑old woman with a mild intellectual disability three times after forcibly taking her to his apartment. The original six‑and‑a‑half‑year term was quashed and replaced with a ten‑year imprisonment, with the final year‑and‑a‑half suspended. The appeal judge criticised the trial judge for giving an excessive discount for Pirvu's language barrier, describing it as "extremely high" and "excessive". The judge noted Pirvu's prior convictions, including attempted rape, and a disturbing probation report that showed no remorse or empathy toward the victim. The new sentence was back‑dated to the date Pirvu entered custody in August 2018. The decision was made after a nine‑day trial at the Central Criminal Court where Pirvu pleaded not guilty to all counts. Costel Pirvu was found guilty.

2023-01-16 · Galway

Violent rapist given 'extraordinary' lenient sentence over lack of English, appeal told

Costel Pirvu, 39, was convicted of three rapes and one false imprisonment after a nine‑day trial at the Central Criminal Court. He was sentenced to ten years, with the final three‑and‑a‑half years suspended and back‑dated to his arrest in August 2018. The Court of Appeal heard that the judge had applied a 50 % mitigation factor because Pirvu, a foreign national who does not speak English, would find prison life more difficult. The appeal argued this discount was extraordinary. Pirvu's defence said the judge acted within discretion and that Pirvu had medical concerns and limited access to English‑speaking support while in custody. The appeal was adjourned for judgment on 19 January 2023. The case involved a 19‑year‑old woman who was raped on a side‑street, taken to Pirvu's apartment, and raped twice more before being released the next morning. The victim suffered physical injuries and ongoing PTSD, depression and suicidal thoughts. Costel Pirvu pleaded not guilty.

2023-01-16 · Ireland

Child rapist who led 'double life' fails in appeal

The Court of Appeal dismissed the appeal of a 78‑year‑old man convicted of raping and sexually abusing a child over a decade while he was in a relationship with the child's mother. The man was sentenced to seven years' imprisonment in 2021 for 72 counts, including rape, oral rape, anal rape and sexual assault, committed between 1991 and 2001. He argued that Gardaí failed to interview potential witnesses such as a grandmother and an uncle, who are now deceased, and that the investigation was incomplete. The appeal judge, Mr Justice John Edwards, found no evidence that the failure to interview those witnesses prejudiced the case and upheld the conviction. The State is appealing the sentence as unduly lenient, but the appeal against the conviction was rejected.

2023-01-13 · Kildare

Judge agrees to defer rape sentencing to allow teen make appeal application

A Central Criminal Court judge agreed to postpone sentencing for a 17‑year‑old Kildare teenager who was found guilty of orally raping his seven‑year‑old female cousin and of four counts of sexual assault between 1 October and 31 December 2018. The defendant, who was 13 at the time of the offences, is a minor and cannot be named. Ms Justice Karen O'Connor, after hearing the case, decided to adjourn the matter for two weeks to allow the defence to lodge an appeal application to the Court of Appeal. She noted the trial was unusual, with no closing speech by defence counsel and no cross‑examination, so the victim did not attend court. The judge expressed that a period of detention would be imposed, taking mitigating factors such as the defendant's age and cooperation into account, and that the sentences would run concurrently.

2023-01-12 · Dublin

Nine years for man who groomed, abused and raped partner's daughter

A 39‑year‑old Dublin security guard was sentenced to nine years in prison for grooming, molesting and raping his partner's daughter, aged eight to ten, between 2018 and 2019. He threatened the girl with violence if she disclosed the abuse and was found guilty of sexual assault and one count of rape at several Dublin locations, including his home. The judge noted the defendant's admission of wrongdoing, his attempts to blame the victim, and his ambiguous moral stance. The victim, now a mid‑teen, described her childhood as a period of terror and expressed fear and guilt. The judge praised her courage for coming forward. The sentence includes a suspended final year, conditions for psychiatric and drug‑abuse treatment, and a post‑release supervision order to protect the victim and other children.

2023-01-12 · Dublin

Man jailed for raping daughter (6)

A 30‑year‑old Dublin man was jailed for six and a half years after pleading guilty to one count of oral rape of his six‑year‑old daughter between February 2019 and February 2020. He also pleaded guilty to two counts of possession of child sex abuse material on his home on 7 December 2019. The Central Criminal Court, presided over by Ms Justice Mary Ellen Ring, described the offence as a "fundamental breach of trust" and noted that the victim's bodily integrity and safety were violated. Gardaí seized phones during a May 2020 search of the family home, revealing videos of child sex abuse material and a scene of the man helping another person to engage in a sex act with an animal.

2023-01-11 · Dublin

Former Terenure College rugby coach admits abusing boys

John McClean, a former rugby coach and teacher at Terenure College, admitted to indecently assaulting two boys during the 1980s. He pleaded guilty to four counts of indecent assault, each involving two separate incidents, committed between 1981 and 1983 and again between 1987 and 1988. The court remanded him in custody for sentencing on February 23. McClean also faces 49 additional counts of alleged sexual assault involving 20 former students, which will be addressed at a later hearing. The sentencing may last up to two days.

2022-12-21 · Louth

Teen who raped young girls in front of each other is handed detention sentence

A 17‑year‑old Louth boy pleaded guilty to four counts of anal rape, one count of rape, two counts of sexual exploitation and one count of sexual assault against his young niece and cousin, aged nine to ten, between November 2019 and March 2020. The offences occurred in the boy's home, a place considered a "safe space" by the children and their parents. At the Central Criminal Court, Ms Justice Mary Ellen Ring described the acts as a "breach of trust" and noted the lack of a risk assessment regarding the boy's future offending. She imposed a three‑year detention sentence, ordered 18 months of post‑release supervision by Probation Services, and prohibited any contact with the victims. The court also considered the boy's guilty plea, prior good character, expressions of remorse and engagement with services as mitigating factors. The boy will remain in Oberstown until he completes his exams before being moved to an adult prison.

2022-12-21 · Dublin

63-year-old who choked mother to death remanded to Central Mental Hospital

In a Central Criminal Court hearing on 21 December 2022, Brendan Murray, aged 63, was remanded to the Central Mental Hospital pending a psychiatric report due on 28 December. The court, after a jury found him not guilty of murdering his 88‑year‑old mother, Neasa Murray, by reason of insanity, directed that he remain detained until the report. Counsel for Murray noted that the court could extend the committal period up to six months. The trial had heard that Murray claimed the Holy Spirit commanded him to punch, choke, and sexually assault his mother, though no evidence of sexual assault was found. Forensic psychiatrist Dr Brenda Wright testified that his schizoaffective disorder prevented him from understanding the wrongfulness of his actions. The jury's verdict was not guilty by reason of insanity. The court will not retain jurisdiction without due cause. The case remains pending the psychiatric assessment.

2022-12-20 · Dublin

Man avoids jail for teen sex assaults on younger brother in 1990s

Stephen Ryan, aged 43, was given a fully suspended three‑year sentence after pleading guilty to sexually assaulting his younger brother Thomas over a three‑year period in the 1990s. The offences, which involved touching Thomas's genitals on dates between 1992 and 1995, were committed when Stephen was between 12 and 15 and Thomas between eight and 11. The court noted that Stephen was a child himself, a strong mitigating factor. He has 15 prior convictions, including for sexual assault. The judge, Martin Nolan, considered Stephen's guilty plea, cooperation with the investigation and remorse, and ordered him to keep the peace and be of good behaviour for three years. Thomas waived his right to anonymity so his brother could be named. The sentence was suspended in full.

2022-12-20 · Dublin

Serial abuser Kevin Brazil further sentenced for sex assault on boy (13)

Kevin Brazil, 53, was sentenced to 15 months' imprisonment for sexually assaulting a 13‑year‑old boy in Wicklow between January and July 2020. The boy was befriended by Brazil, who gave him money, alcohol and cigarettes, and took him to Blessington Lakes where Brazil offered drinks and cigarettes. The assault involved Brazil touching the boy's leg. Brazil has a long criminal record, including eight years already served for earlier sexual assaults, a 2004 sentence of three years with the final year suspended, and a 2021 sentence of two‑and‑a‑half years for a 12‑year‑old victim. He also pleaded guilty in 2024 to sexual assault and communication offences in the State. The court noted the boy's mother observed a "massive change" in her son after the offence. Brazil's 15‑month term is back‑dated to January and he will not be released from his other sentences until January 2027.

2022-12-20 · Ireland

Rapist who treated victim 'like a slave and sex object' fails in bid to overturn conviction

The Court of Appeal has dismissed the appeal of a 71-year-old Polish national, who was convicted of two counts of rape contrary to common law and four counts of rape under Section 4 of the Criminal Law (Rape) (Amendment) Act 1990. The appellant, who had pleaded not guilty, argued that his trial at the Central Criminal Court was unfair because the complainant alleged during cross-examination that he had Russian mafia links and had murdered a man in Russia. Counsel for the appellant, Michael Bowman SC, contended these prejudicial remarks should have led to the jury's discharge. However, Ms Justice Isobel Kennedy, presiding, found that the trial judge, Ms Justice Tara Burns, did not err in refusing to discharge the jury. The judge noted that the defence failed to make a prompt application for discharge when the prejudicial evidence emerged, instead waiting until after the prosecution's case concluded. The Court of Appeal determined that the trial judge's direction to the jury to disregard the irrelevant material was clear and unambiguous. Consequently, the conviction stands. The appellant had previously been sentenced to imprisonment by Ms Justice Burns, who described the offences as treating the victim like a slave and sex object between September 2012 and January 2016. The Director of Public Prosecutions, represented by Patrick McGrath SC, supported the dismissal, arguing the defence was attempting to reconstruct the trial strategy. The matter was concluded with the appeal failing.

2022-12-20 · Limerick

Remorseless, persistent child rapist (71) is jailed for 13 years

The 71‑year‑old man, whose name is withheld to protect victims, was sentenced to 13 years' imprisonment for a series of child sexual offences spanning 28 years. He first abused his daughter between 1979 and 1985, then a babysitter between 1996 and 1998, and finally his stepdaughter between 2003 and 2007. The court heard he had attended counselling after his daughter disclosed the abuse, but he continued to offend. He pleaded guilty to 37 counts of indecent assault and was convicted of oral, anal and vaginal rape of his stepdaughter. The judge noted the persistent nature of the abuse and the breach of trust involved. Consecutive sentences totalling 15 years were imposed, with the final two years suspended under strict conditions, including post‑release supervision. The court wished the victims well for the future.