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Sexual offences court reports

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2018-06-06 · Ireland

Judge refuses to order computer firms remove internet references to previous trial

In a High Court hearing on 6 June 2018, Mr Justice Patrick McCarthy refused to order Google and Microsoft to remove online references to a man who had been convicted of an unconnected sexual assault earlier that year and was facing a second trial for sexual offences. The judge noted that the courts must adapt to the modern world and that jurors can be trusted to remain impartial even if they encounter online material. Lawyers for the accused had sought temporary removal of the man's name from search results, citing concerns that published reports could prejudice the upcoming trial. The DPP argued that even if search engines removed the name, the material would still be available online. Mr Justice McCarthy concluded that it was unnecessary to remove any online content and that jurors should be instructed to disclose any prior knowledge of the case.

2018-06-05 · Cork

Court upholds prison sentences totalling 22 years for serial rapist

The Court of Appeal upheld a total prison sentence of 22 years for a 31‑year‑old Cork man, who was convicted of raping and assaulting his former partner on 10 July 2013 and a woman he barely knew on 4 January 2014. He pleaded guilty to the first offence and was found guilty of the second after a trial. Sentencing on 29 February 2016 gave a 12‑year term for the January 2014 rape, and on 19 May 2017 a consecutive 10‑year term for the July 2013 rape, bringing the total to 22 years. The appeal, brought by the defendant, was dismissed by Mr Justice John Hedigan, who said the judge's approach was meticulous and proportionate, noting the gravity of the offences and the defendant's status as a serial rapist. The court confirmed that the sentences should not merge or run concurrently, maintaining the 22‑year total.

2018-06-05 · Cavan

Journalist "floored" by allegations against McCabe

Journalist Michael Clifford told the Charleton Tribunal that he was initially shocked when he first learned of allegations of sexual abuse against Sergeant Maurice McCabe in early 2014. Mr Clifford said he heard the allegations on three separate occasions from different sources and investigated them, concluding they were without foundation. He told the tribunal that former garda superintendent David Taylor had indicated that text messages seized during a garda inquiry contained evidence of a smear campaign against the whistleblower. However, Superintendent Taylor subsequently told the tribunal that no such text messages existed and that any negative briefings about Sergeant McCabe were given verbally. Former garda commissioners Martin Callinan and Nóirín O'Sullivan have denied a smear campaign occurred. Three journalists, including former Irish Examiner editor Tim Vaughan and RTÉ correspondent John Burke, testified they did not receive negative briefings about Sergeant McCabe. The tribunal, examining allegations that senior gardaí smeared the whistleblower, continues its proceedings.

2018-06-01 · Cavan

Bus driver jailed for 15 years for rape of stepdaughter and abuse of children

A Cavan bus driver has been sentenced to fifteen years in prison following conviction for the sexual abuse of three children at the Central Criminal Court. Shane Costello, aged 49, from Hillview, Ballyhaise, was found guilty after trial in March of rape, oral rape and attempted oral rape of his teenage stepdaughter on dates in 2012 when she was between thirteen and fourteen years old. He had pleaded not guilty to two counts of rape, one of oral rape and three of attempted oral rape. Following the jury's verdicts, Costello subsequently pleaded guilty to sexually assaulting two other children on dates between 2001 and 2013. Justice Ní Raifeartaigh imposed nine years and nine months imprisonment for the offences against his stepdaughter, with consecutive sentences for the remaining charges totalling fifteen years. The court heard the stepdaughter, now nineteen, delivered a victim impact statement describing enduring trauma and post-traumatic stress disorder. Costello has previous convictions for assault causing harm from 1998.

2018-05-31 · Donegal

Howlin tells tribunal he had "duty" to put journalist's allegations on record

At the Charleton tribunal, Labour leader Brendan Howlin testified that he felt obliged to place information received from journalist Alison O'Reilly on the Dáil record in February 2017. Mr Howlin said Ms O'Reilly had relayed allegations of sexual abuse against Sergeant Maurice McCabe, which she claimed colleague Debbie McCann attributed to senior garda figures. He stated he made clear his uncertainty regarding the veracity of these allegations, which the tribunal would investigate. Ms O'Reilly gave evidence describing her conversations with Ms McCann about the matter and her subsequent contacts with Sgt McCabe and former garda John Wilson, both of whom denied the allegations. She expressed belief that Ms McCann was being used to disseminate information. The tribunal is examining claims of a coordinated campaign against the whistleblower garda. Ms McCann has denied the conversations described by Ms O'Reilly.

2018-05-30 · Ireland

Taylor withdraws several allegations

In a tribunal hearing on 30 May 2018, former Sunday Independent editor Ann Harris explained that she had investigated an allegation of sexual abuse against Garda whistle‑blower Sergeant Maurice McCabe in 2013 and found it groundless. She said the DPP had directed no prosecution after a Garda investigation. Harris also reported that she had not dealt with Garda press officer Superintendent David Taylor or Commissioner Nóirín O'Sullivan, and that she had shut down a repeated allegation she had investigated. She described an editorial conference where rumours about McCabe were discussed, noting that the story could never be published for legal reasons. Harris said the allegations were "vague" and "inappropriate", and that the tribunal was examining whether a Garda campaign had smeared McCabe. The hearing focused on the status of the allegations and the lack of evidence supporting them.

2018-05-17 · Dublin

Paramedic loses appeal against sex abuse conviction

John Devereux, a former HSE paramedic and volunteer ambulance driver, lost an appeal against his conviction for the repeated sexual assault of a nine‑year‑old child. In 2012 and 2013, he was charged with ten counts of sexual assault. A jury at Dublin Circuit Criminal Court acquitted him of seven counts but found him guilty of three. He was sentenced to three‑and‑a‑half years' imprisonment, with the final year suspended. Devereux's lawyers argued that the trial judge should have directed the jury to find him not guilty because the prosecution had not cross‑examined him after he gave evidence. Judge Birmingham rejected this claim, noting that the prosecution had cross‑examined Devereux over two court sessions before and after lunch, and that there was no obligation to formally present the prosecution's case to him. The Court of Appeal dismissed all grounds of appeal, finding no evidence of an unfair trial or an unsafe verdict.

2018-05-17 · Cork

Court upholds father's conviction for brutal, repeated rape of teen daughter

Patrick O'Driscoll, a 42‑year‑old father from Codrum, Macroom, was convicted by a jury of 61 counts of raping his eldest daughter, aged 16 to 17, between 2008 and 2009. He had denied the charges. The jury's unanimous verdict was upheld by the Court of Appeal, which found the trial satisfactory and the conviction safe. Mr Justice Paul Butler sentenced O'Driscoll to ten years' imprisonment, with the final year suspended on conditions including no contact with his daughter. The appeal was dismissed after the Court of Appeal, led by Mr Justice John Edwards, considered the evidence presented by the complainant and the defence. The court concluded that the jury had the authority to assess the credibility of the complainant's testimony and that the verdict was not perverse. The case remains at the conviction stage.

2018-05-17 · Dublin

18.5 years in jail for dangerous, "brutal" sex attacker

A 34‑year‑old man was sentenced to 18½ years in prison for three pre‑meditated, brutal sex attacks on women in Clondalkin, south Dublin, in 2011, 2015 and 2016. The judge described the attacks as primal and brutal, noting an escalation of violence. The first attack occurred late at night on 11 September 2011, when the victim was sexually assaulted and repeatedly punched. The second, on 3 September 2015, involved a leather belt, duct tape and a sexual assault. The third, on 16 May 2016, took place in daylight; the attacker used a hunting knife and the victim sustained injuries to her fingers. The judge imposed consecutive sentences of eight years, nine and a half years and five years, suspending the final four years on completion of sex‑offender programmes. A nine‑year post‑release supervision period was also imposed. The man has been in custody since his arrest in June 2016.

2018-05-16 · Donegal

Man (78) to be sentenced for regularly raping daughter

A 78-year-old man from County Mayo has pleaded guilty at the Central Criminal Court to five sample charges of rape committed against his daughter between 1973 and 1974. The man, whose identity is protected, admitted to the offences at the family home while the child's mother was at work. The now 54-year-old woman provided a victim impact statement describing the lasting harm caused by the abuse sustained from age nine to twelve. Justice Patrick McCarthy remanded the defendant in custody and adjourned sentencing to 18 June. The woman, who first reported the matter to gardaí in 2015, detailed how the abuse had affected her family relationships and trust. The defence counsel acknowledged the man's guilty plea, expressed remorse, and referenced significant health difficulties and social isolation. The prosecution indicated the abuse occurred regularly throughout a three-year period during the 1970s.

2018-05-15 · Dublin

Rape accused tells trial he thought sex was consensual

In a Central Criminal Court trial, a 30‑year‑old man accused of raping a woman he met on the dating app Badoo told the jury he believed the sexual activity was consensual. He explained that they had matched on the app and that a text about bringing a condom was received, but he claimed he did not have one when he arrived. He said the woman appeared disappointed but did not give a negative response when they began sex, and that she seemed "quite into it and quite happy." He stated he stopped when she asked him not to use his fingers and that he had no intention of continuing without her consent. The accused denied any admission of non‑consensual sex, claimed he had no prior convictions, and argued that the police had misinterpreted his statements. The case remains in the closing stages before Mr Justice Patrick McCarthy and a jury of eight men and four women. The unnamed accused pleaded not guilty.

2018-05-15 · Dublin

Convicted rapist falsely imprisoned female shop worker during robbery

Gerard Creighton, aged 50, was sentenced to two-and-a-half years in prison for false imprisonment and robbery. He held a female shop worker at the Healthy Hut on Bolton Street for a few minutes before stealing €285 from the till. Two days earlier, he forced another female worker back into a shop she was closing, armed with a knife, and robbed €150. Creighton pleaded guilty to one count of false imprisonment and one count of robbery at the Healthy Hut, and to one count of robbery at the Old World New shop on Leinster Street. He has 22 prior convictions, including a nine‑year sentence in 1999 for rape and false imprisonment, and a three‑year sentence in 2015 for attempted robbery of a bookmaker. The judge noted his desire to reform and suspended the final two years of the sentence on conditions.

2018-05-15 · Cork

12-year jail term for man who raped and twice impregnated step-daughter is upheld

In a Cork case, a 70‑year‑old man was convicted of raping his step‑daughter from age 11 to 16, impregnating her twice in the 1970s. He pleaded guilty to 18 counts of rape and sexual abuse between 1974 and 1979. The victim, now 53, testified that the man forced her into sexual acts three or four times a week, often when her mother was away, and that he abused her on Sunday evenings. He was also an alcoholic who spent his mother's money. The Court of Appeal upheld a 12‑year sentence, with the final two years suspended, after the man's appeal against a 14‑year sentence was dismissed. The appeal was rejected on the basis that the judge's assessment of the offence's severity was justified and that the mitigating factors had been adequately considered. The man had already served four years for indecent assault of the victim's siblings. The appeal was dismissed by a three‑judge panel.

2018-05-15 · Kilkenny

"This is a 100 per cent insult": convicted killer after court upholds 13-year sentence for life-threatening sex attack

Walter Morrissey has lost his appeal against his 2013 conviction for aggravated sexual assault, with the Court of Appeal upholding his 13-year sentence. The 70-year-old from Co Kilkenny was found guilty of leaving a former partner with life-threatening injuries, including a severe vaginal tear described by medical experts as comparable to injuries from machete rapes. During the appeal, presided over by Mr Justice John Edwards, Justice Alan Mahon, and Justice John Hedigan, the court rejected all four grounds raised by Morrissey. These included claims that the trial judge erred by refusing to appoint new solicitors after Morrissey discharged his legal team on day eight, and that the jury should have been discharged after the victim revealed his status as a registered sex offender. The appellate judges noted that the defence failed to object immediately to the prejudicial comment and that Morrissey had no objection to the discharge of two jurors earlier in the trial. The court affirmed that the trial judge acted correctly in denying a retrial, stating it is not open to an accused to up-scutter proceedings by discharging counsel to secure a new jury. Morrissey, who was previously convicted in 1977 of the double manslaughter of Francis McEnery and his son, and in 1999 of seven counts of indecent assault, was led away to continue his 13-year sentence. As he left, he shouted that the decision was a "100 per cent insult" and called the judges "heap of crooks."

2018-05-15 · Ireland

Alleged negative briefings on McCabe not put in writing, Taylor tells tribunal

In a Charleton tribunal hearing, former Garda press officer Superintendent David Taylor testified that he no longer believes whistleblower Sergeant Maurice McCabe was motivated by revenge when raising concerns about Garda conduct in the Cavan-Monaghan district and abuses of the penalty points system. Taylor said he had been instructed by former Commissioner Martin Callinan to brief the media negatively on McCabe, claiming McCabe sought revenge after a 2007 investigation into alleged sexual abuse by Miss D, which the Director of Public Prosecutions had found no evidence of wrongdoing. Taylor maintained that the negative briefings were not documented in writing but were delivered as off‑the‑record conversations. He admitted that after his suspension from the Garda Service he realised the briefings were wrong, regardless of their truth. Taylor also denied that he had sent text messages to journalists and said he had not created a media narrative to portray himself as unfairly targeted.

2018-05-14 · Dublin

Rape accused told gardai he "panicked" and stole alleged victim's phone

A 30‑year‑old man accused of raping a woman he met on the dating app Badoo was interviewed by Gardaí after the complainant alleged he entered her Dublin home on 14 August 2015, raped her, and stole her phone. In his first interview he claimed he had stolen the phone to sell it for money, but later admitted he had taken it in a moment of panic because his contact details were on it. He denied the rape, stating the woman was aware he had no condom and that they had sex after she asked for one. He said he ejaculated quickly, told her she might become pregnant, and that he had no money for the morning‑after pill. Garda Rossa Smith presented evidence that the accused's WhatsApp contact matched the seller's number on DoneDeal.ie and that CCTV showed him entering the house at 3.15 am and leaving at 3.38 am. The unnamed accused pleaded not guilty.

2018-05-14 · Dublin

Additional Brexit case referred to European Court of Justice

A High Court judge has referred an extradition case to the Court of Justice of the European Union to determine how Brexit will affect the transfer of suspects to the United Kingdom. The man, arrested in Dublin over two years ago, faces charges of murder and rape in Northern Ireland. Ms Justice Aileen Donnelly granted the referral request made by counsel for the Minister for Justice, finding the matter bound up with issues of mutual trust between jurisdictions. Eight additional cases involving men sought by UK authorities were considered at the same hearing. In February, the Supreme Court had similarly referred another extradition matter to the CJEU, concerning a Roscommon man wanted in connection with a substantial tax fraud allegation in the UK.

2018-05-14 · Dublin

UK man targeted "neglected" girls for rape and abuse

A 37‑year‑old UK man was found guilty by a Dublin jury of three counts of rape and eight counts of sexual assault against two girls aged 10 and 12 when they were neglected by their mother. The man, a family friend, moved the family into his home in an upmarket area of Dublin and later to Louth, where he sexually assaulted both girls, including in bed at night and in a hotel room. UK and Irish social services intervened, and the children were placed in foster care. The man fled to Chile in 2011, was extradited from the United States in 2014, and was released on bail before being remanded. The trial lasted 12 weeks, and the jury returned a unanimous verdict after three hours. The girls, now 17 and 19, gave victim impact statements describing the abuse and its lasting effects. The case will return to court on 20 June for a plea of mitigation.

2018-05-11 · Dublin

Rape trial hears accused told gardai: "I know she said no but we'd already started"

In a Dublin rape trial, a 30‑year‑old man accused of raping a 27‑year‑old Chinese woman on 14 August 2015 pleaded not guilty. The complainant testified that she met the accused through the dating app Badoo, agreed to a chat, and later found herself kissing and touching him in her bedroom. She repeatedly said "no" and "stop" as the encounter escalated to oral and penetrative sex, but the accused continued until he ejaculated. She claimed he refused to provide a condom and later stole her phone when leaving. Garda Rossa Smith described a sting operation that linked the accused to a phone sale on DoneDeal.ie, confirming his identity via WhatsApp contact numbers. The case is ongoing before Mr Justice Patrick McCarthy.

2018-05-11 · Dublin

Jail for man caught with graphic child pornography

A 20‑year‑old Dublin man, Conor Emmet, was sentenced to two‑and‑a‑half years in jail, with the final 15 months suspended, after pleading guilty to possessing 5,919 images and 328 videos of child pornography that included sadomasochistic rape and torture of an 18‑month‑old girl. The material was seized from two laptops during a raid on his family home in May 2016, following an intelligence operation involving the FBI and Europol. Emmet admitted first accessing such material at age 16 and expressed relief at being caught. The judge noted the seriousness of the content, the vulnerability of the children depicted, and Emmet's lack of prior convictions, good academic record, charity work, and progress in rehabilitation. He will also undergo 15 months of post‑release supervision. The maximum sentence for the offence is five years.

2018-05-10 · Ireland

Man who sexually assaulted daughter of family friend loses appeal

A 43‑year‑old man was convicted of four counts of sexual assault against a girl aged between ten and fourteen, committed between 2004 and 2007 while he was visiting her home. The assaults included touching her breasts and vaginal area, and in one instance inserting fingers into her vagina. The victim, who left home early and had to mature quickly, said the abuse forced her to excel in school as a way out. The appeal was partly based on the victim's recollection of abuse during a 2006 Brazil World Cup mid‑week game, but the Court of Appeal dismissed the appeal, noting that the man could have visited the victim's home during that period and that bank‑card records did not prove he was working. Mr Justice Paul Coffey sentenced the man to three‑and‑a‑half years in prison, with the final year suspended on the condition that he attend a sex‑offender treatment programme while incarcerated.

2018-05-10 · Ireland

Court upholds man's conviction for beating and raping wife

In a Laois case, a 46‑year‑old man was convicted of rape after he admitted assaulting his wife by punching her in the face on 8 January 2015. The Central Criminal Court jury found him guilty of rape and he was sentenced to seven years' imprisonment, with the final two years suspended by Mr Justice Paul Butler on 20 December 2016. The conviction was upheld on appeal by Mr Justice George Birmingham, who noted the couple's long‑standing marital difficulties, the wife's fear for her life, and the husband's claims of intent to rape. The appeal was dismissed on the basis that the trial judge's directions on recklessness and resistance were not erroneous, and that the jury had considered the evidence as a continuous event. The case remains a rare instance of marital rape conviction in Ireland, the fourth since 1990. The unnamed 46-year-old pleaded not guilty.

2018-05-09 · Dublin

Bench warrant issued for man convicted of sexually assaulting child

A 24‑year‑old Dublin man was found guilty by a unanimous jury of 14 counts of sexual assault against a child aged five to eight, involving touching the girl's chest, genitals and placing his head and mouth in her genital area. The trial, held over four days, heard evidence of the offences at two Dublin locations between June 2008 and October 2011. The defendant failed to appear at the Central Criminal Court for the verdict. Judge Patrick McCarthy issued a bench warrant and ordered sentencing in his absence on 25 June 2018. The unnamed man pleaded not guilty.

2018-05-08 · Dublin

Victim dropped complaint against serial sex abuser after advice from garda, court hears

Patrick O'Brien, aged 78, pleaded guilty to 15 counts of sexual assault, including oral and anal rape of a 13‑year‑old boy, and three counts of gross indecency. The offences occurred at his home in Knocklyon Road, Templeogue, Dublin, and other city locations between April 2002 and December 2003. O'Brien, a former Church of Ireland lay worker, is serving a 13‑year jail term imposed in 2016 for raping and molesting 14 boys over 40 years. In 1989 he received a suspended sentence for assaulting a ten‑year‑old boy in 1982. The victim first complained in 2002, but the complaint was withdrawn in 2010 after a Garda advised him not to pursue charges. The Garda later advised the victim again in 2016, leading to a second file to the DPP and subsequent prosecution. The court heard that the victim had accepted gifts from O'Brien during the abuse and felt he might be held responsible.

2018-05-04 · Dublin

Dublin man caught with video of rape and torture of 18-month-old baby girl

A 20‑year‑old Dublin man, Conor Emmet, was found to possess 5,919 images and 328 videos of child pornography, including graphic material depicting the rape and torture of an 18‑month‑old girl. The material was discovered on two laptops and a phone seized during a Garda raid in May 2016, following an intelligence operation involving the FBI and Europol. Emmet pleaded guilty at Dublin Circuit Criminal Court to possession of the digital images and movies. The court heard that one video showed a masked female sexually abusing the child, who was gagged, bound, beaten, and subjected to candle wax. Another video showed the child being urinated on. Emmet had first accessed child porn at age 16. The case was adjourned for sentencing until May 11th. The court did not discuss any prior convictions or future outcomes.

2018-05-03 · Dublin

Man acquitted of rape and abuse of wheelchair-bound step-daughter

In a Central Criminal Court hearing, a man was acquitted of 48 counts of sexual assault and 21 counts of anally raping his wheelchair‑bound step‑daughter between 2003 and 2013. The jury, after just over six hours of deliberation, returned a not‑guilty verdict on all 69 counts. The accused, who could not be named, had pleaded not guilty. The case centred on allegations that the victim, aged eight to 18 during the alleged offences, was sexually abused by the man, who began with touching and progressed to attempts at vaginal rape and regular anally rape from age 10 or 11. The victim, now 23, testified that the abuse occurred at the family home in Dublin, where her mother and other relatives also lived. The prosecution's case was based on the victim's testimony and limited evidence from family members. The defence argued inconsistencies in the evidence and a lack of specificity in the allegations.

2018-05-02 · Ireland

Jury deliberating in trial of man accused of repeatedly abusing stepdaughter

The jury in the trial of an unnamed man accused of repeatedly sexually abusing his stepdaughter has retired for the night after failing to reach a verdict. He pleaded not guilty to 48 counts of sexual assault and 21 counts of anally raping the girl between 2003 and 2013, when she was aged eight to 18. The jury will resume deliberations tomorrow before Mr Justice Patrick McCarthy.

2018-05-01 · Dublin

Alleged abuse victim gave "true and credible account", prosecution tell jury

A wheelchair‑bound woman, aged 23, told a jury that a 44‑year‑old man, her stepfather, sexually abused her from age eight to 18. She said the abuse began with touching her private parts after her First Holy Communion, progressed to attempted vaginal rape, and then to regular anal rape from age 10 or 11. The alleged victim claimed the abuse occurred at their family home in Dublin, where her mother and other relatives lived. She said she had called the accused her father and that he threatened to kill her if she told anyone. The prosecution argued she gave a true and credible account, while the defence questioned the reliability of her testimony and urged acquittal. The case is before Mr Justice Patrick McCarthy and a jury.

2018-05-01 · Dublin

Judge criticises media commentary on rape sentences

During a sentencing hearing on 1 May 2018, Mr Justice Tony Hunt criticised media commentary that described rape sentencing as "opaque and not transparent". He was sentencing a 30‑year‑old man who had sexually molested his 13‑year‑old cousin when he was 15. The judge imposed a 14‑month jail term, citing a Court of Appeal decision that reduced the headline sentence for rape from four years to two years and six months on the basis of the offender's immature age at the time of the offence. Mr Justice Hunt noted that the Court of Appeal had previously reduced a similar case involving a 15‑year‑old to 18 months with six months suspended, and that sentencing decisions are firmly based on Court of Appeal rulings. He also highlighted the offender's employment history, education and young children, and the lack of genuine remorse shown. The unnamed 30-year-old pleaded not guilty and was convicted.

2018-04-30 · Dublin

Rape complainant's mother denies calling allegations "false and attention-seeking"

In a Central Criminal Court trial, a 23‑year‑old woman accused a 44‑year‑old stepfather of repeated sexual abuse, including rape. She said the abuse began with touching after her First Holy Communion and progressed to attempted vaginal rape, which failed, followed by regular anal rape from age 10 or 11. She alleges 29 counts of rape and 31 counts of sexual assault between March 2004 and August 2013. The accused, unnamed for legal reasons, pleaded not guilty. The woman's mother testified that the man left the family home in 2013 and was capable of sexual activity. She denied that her daughter's allegations were "false and attention‑seeking," stating she had initially doubted the claims but later believed them after further evidence. The case is before Mr Justice Patrick McCarthy and a jury.

2018-04-30 · Monaghan

Rapist attacked woman after giving her lift home

A man from Castleblayney has been sentenced to five years in prison following his conviction for rape and assault at the Central Criminal Court. Aurelijus Kizelavicius pleaded guilty to attacking a woman in County Monaghan on 29 March 2015. The court heard that after offering the woman a lift home, Kizelavicius punched her repeatedly in the face before sexually assaulting her. The victim stated in her impact statement that the incident had caused her significant psychological harm, resulting in depression, anxiety, and a loss of confidence. Mr Justice Paul Butler described the offence as falling within the middle category of rape cases. In mitigation, the judge considered the accused's youth and his guilty plea, which the court noted the victim welcomed. A sentence of seven years was imposed, with the final two years suspended on condition of attendance at sex offender programmes designated by the Probation Service upon release.

2018-04-27 · Dublin

Lack of sentencing guidelines in rape cases "somewhat bizarre", judge says

During sentencing, Ms Justice Úna Ní Raifeartaigh described the absence of sentencing guidelines for rape cases as "somewhat bizarre". She imposed a five‑year prison term on Christopher Redmond, aged 74, after a jury conviction for four rapes and five sexual assaults of his granddaughter between 2002 and 2004 at the Tolka Valley pitch and putt club. Redmond, who works at the club, denied the charges but was found guilty in February. The judge had originally set a headline sentence of 15 years, reduced to ten years due to no prior offences and his age, and further to five years because of his progressive cognitive impairment, which a forensic psychiatrist confirmed was genuine. The judge noted that the Supreme Court requires an immediate custodial sentence for rape, yet no specific sentencing figures exist, making the practice "highly unregulated". The victim, now 23, had waived anonymity and testified about the abuse, describing severe physical and psychological harm.

2018-04-27 · Waterford

Woman tells jury that rape accused brother "knows what he did"

In a Central Criminal Court trial, a 41‑year‑old woman testified that she was repeatedly raped by her older brother, a 47‑year‑old man who pleaded not guilty to 56 counts of rape and 15 counts of sexual assault. She said the abuse began when she was four and continued until she was between ten and twelve. During cross‑examination, she described feeling terrified of the accused until recently and asserted that only she and the accused know the truth. She described him as a "sexual tyrant" who acted with impunity inside and outside the home. She denied that the alleged offences were fabricated, noting that the accused had denied the allegations in police interviews and threatened to kill their mother. The trial is proceeding before Ms Justice Eileen Creedon with a jury of five women and six men. The unnamed 47-year-old was found guilty.

2018-04-27 · Ireland

Wheelchair user alleges she was raped by mother's partner as a child

A wheelchair user, aged about ten or eleven when the abuse began, alleges that her mother's partner, a 44‑year‑old man whose name cannot be disclosed for legal reasons, sexually abused her in the family home from March 2004 to August 2013. She says the abuse started with touching her breasts and private parts after her First Holy Communion, progressed to attempted vaginal rape, and then to regular anal rape. She claims the attacks occurred weekly or daily, depending on her mother's absence, and that she tried to record the incidents with a dictaphone, which failed to capture any audio. She has given multiple statements to Gardaí, describing flashbacks and trauma that delayed her reporting. The case is being heard before Mr Justice Peter McCarthy and a jury at the Central Criminal Court, where the accused has pleaded not guilty to 29 counts of rape and 31 counts of sexual assault.

2018-04-27 · Cork

Man who raped and twice impregnated step-daughter loses sentence appeal

A 70‑year‑old Cork man, who cannot be named, pleaded guilty to 18 counts of raping and sexually abusing his step‑daughter between 1974 and 1979, impregnating her twice. The victim, now 53, testified that the man took her from her bedroom to the landing for sexual intercourse three or four times a week, and that she feared Sunday evenings when her mother was at bingo. He was an alcoholic who drank money her mother brought into the house. The Court of Appeal upheld his 12‑year sentence, originally imposed as 14 years with the final two suspended. The appeal argued the starting point of 18 years was too high, citing the 'RK' case, but the court found no error in principle. The judge noted the offender's age and medical issues justified the suspended portion and rejected rehabilitation as a relevant concept. The man had already served four years for indecent assault of the victim's siblings.

2018-04-26 · Dublin

Jail for man who had sex with girl (14) he met on social media

David Hoban, aged 28, was sentenced to three years in prison after pleading guilty to two charges of defilement of a child by having intercourse and oral sex with a 14‑year‑old girl he met on a social media site. The girl, who was found missing and later reported by her mother, claimed she had been raped by Hoban on three occasions. Detective Garda Paul O'Hara confirmed that Hoban was aware the girl was underage, though he did not realise her exact age until the day of his arrest. Hoban, who had 10 previous convictions, pleaded guilty and expressed remorse. Judge Martin Nolan noted the substantial age difference and that Hoban should have ceased contact when he became aware of the girl's youth. The court accepted his plea and imposed the three‑year sentence.

2018-04-26 · Dublin

Five years for man who burned home and threatened to kill partner and baby

Patrick Stokes, aged 26, was sentenced to five years' imprisonment after pleading guilty to arson, assault, false imprisonment and other offences. He set fire to his partner Louise Kavanagh's home in February 2017, causing €21,000 in damage, and later threatened to kill her, their six‑month‑old baby and himself if she left him. Stokes held Kavanagh's throat, threatened to rape her, and held a knife to the baby's chest while she tried to protect the child. He also punched her ribs and threatened to slit her and the baby's throat with a broken wine bottle. Kavanagh suffered a black eye and rib injuries and described the assault as terrifying. The judge noted Stokes' violent background, substance abuse and loss of control, and accepted his apology and desire to reform. The sentence reflects the seriousness of the offences and the harm caused.

2018-04-25 · Waterford

"You could just stand up and admit what you've done": rape complainant addresses accused brother at trial

In the Central Criminal Court, a 41‑year‑old woman accused her 47‑year‑old brother of repeated rape and sexual assault from age four to about twelve. She pleaded that the abuse began in their family home and continued in fields, woodlands, school grounds, a community centre and a clubhouse. She said her brother threatened to slit her wrists and throat, and to shoot their mother with a shotgun if she reported the abuse. She claimed she was raped countless times, including at least four incidents on the grounds of an old building, one at night. She told the jury that she would not endure her "dirtiest secrets" being exposed if the abuse had never occurred, urging her brother to "stand up and admit what you've done." The trial is before Ms Justice Eileen Creedon and a jury of eleven. The unnamed 47-year-old pleaded not guilty.

2018-04-25 · Dublin

Pensioner avoids jail for sexual assault of neighbour's daughter (7)

A 77‑year‑old father of six pleaded guilty in Dublin Circuit Criminal Court to two charges of sexual assault against a seven‑year‑old neighbour. The court found the offences to be on the lower end of the scale and, after noting the defendant's lack of prior convictions and his expressed remorse, suspended an 18‑month sentence on strict conditions. The judge described the man as regretful and "stricken with remorse" and believed he was unlikely to re‑offend. The incidents were reported after the child told her mother that the neighbour had kissed her on the lips and patted her bottom after inviting her into his home for an ice‑cream. The defendant later admitted the acts, expressed regret, and asked the Garda to convey his apologies to the family. The court did not read the victim impact report, and the defence submitted four documents, including references and a statement about the defendant's health and loneliness.

2018-04-23 · Ireland

Garda investigation into allegation that child abuse complainant lied in evidence

A man has been convicted and sentenced at the Central Criminal Court following a jury trial in February. He received 15 years imprisonment, with the final year suspended, for repeatedly raping and sexually assaulting his daughter at their home in County Mayo and at locations abroad between 2006 and 2010, when the victim was aged seven to eleven years old. Justice Deirdre Murphy described the offending as depraved. The court heard that since the conviction, an allegation has emerged that the complainant may have provided false evidence. A garda investigation into this matter is underway, though no evidence relating to the allegation was before the court during sentencing. The accused was convicted on three counts of rape, five counts of anal rape, and six counts of sexual assault. He maintains his innocence and has previous convictions for assault, including one involving the same victim. The unnamed 47-year-old pleaded not guilty.

2018-04-23 · Waterford

Woman tells trial that older brother raped her on Communion day

During a Central Criminal Court hearing, a 41‑year‑old woman testified that her older brother raped her on the day of her first Holy Communion. She said the abuse began when she was four and continued until she was between ten and twelve. The brother, whose name cannot be disclosed, pleaded not guilty to 56 counts of rape and 15 counts of sexual assault in County Waterford, covering incidents from December 1983 to June 1988. The woman described being raped in their family home, fields, woodlands, school grounds, a community centre and a clubhouse. She recounted nine or ten rapes at an estate near their home when she was about ten, and further assaults in wooded areas between ages seven and eleven. She also said the brother threatened to kill her mother if she disclosed the abuse. The trial is proceeding before Ms Justice Eileen Creedon with a jury of five women and six men.

2018-04-23 · Carlow

Abuser fails in appeal after court finds sentence "very lenient"

A 48‑year‑old Carlow man was sentenced to a net three‑year custodial term for sexually assaulting his seven‑year‑old niece over a four‑year period between 1994 and 1998. He pleaded guilty to eight counts of sexual assault. Judge Michael O'Shea imposed eight concurrent five‑year sentences, with the last two years of each suspended, resulting in the net three‑year term. The Court of Appeal, in a three‑judge panel, found the sentence to be a "very lenient outcome" and dismissed the man's appeal. The judge noted the systematic and exploitative nature of the offending, the breach of trust, and the victim's vulnerability. The man had no prior convictions, had suffered a stroke three years earlier, was unemployed, and received a disability allowance. He had accepted the allegations, cooperated with the Gardaí, apologized, and displayed insight. The appeal was rejected.

2018-04-23 · Carlow

18 years for rapist who savagely attacked victim before dumping her unconscious body

Anthony Cassidy, 34, was sentenced to 18 years' imprisonment for raping and seriously assaulting a woman in her 50s in Carlow. The victim was attacked early in the morning, left unconscious on the outskirts of town, and later found with severe injuries including a multifocal brain injury. CCTV footage showed Cassidy dragging the victim to the site where she was discovered 12 hours later. Cassidy pleaded guilty to rape and assault causing serious harm on 25 June 2017. He had 34 prior convictions, including soliciting for sex in the UK and two assaults in Ireland. The judge noted the pre‑meditated nature of the attack, the victim's extreme brain injury, and her ongoing dependence on family care. Cassidy's guilty plea and expression of remorse were considered, leading to the 18‑year sentence rather than a life term. The case was heard at the Central Criminal Court.

2018-04-20 · Ireland

Man raped and sexually abused boy after "working his way" into family home

A 31‑year‑old man was sentenced to nine years' imprisonment, with the final three years suspended, for raping and sexually abusing an 18‑year‑old boy who was 11 at the time of the first offence. The offences, committed between July 2011 and March 2012 at the boy's family home in South West Ireland, included four counts of oral rape and four of sexual assault. The man, who has 57 prior convictions but no previous sexual offences, pleaded guilty at the Central Criminal Court. He had gained access to the boy's home by befriending the boy's older brother, providing alcohol, cigarettes and clothing, and later moving into the house. The court noted the man's behaviour was "disgraceful" and that he had supplied the boy with alcohol. The victim's impact statement described how the abuse left him feeling confused, vulnerable and in need of help, and he expressed gratitude for the support he received from Gardaí and his mother.

2018-04-19 · Waterford

Man goes on trial accused of serial rape of sister

A 49‑year‑old man was tried at the Central Criminal Court for serial rape and sexual assault of his younger sister over a five‑year period in the 1980s. He pleaded not guilty to 56 counts of rape and 15 counts of sexual assault, with alleged offences occurring between December 1983 and June 1988. The complainant, now 41, said the abuse began when she was four and continued until she was 10 or 12. She alleged the man abused her at their family home, in fields, woodlands, school grounds, a community centre and a clubhouse. The prosecution highlighted specific incidents, including rapes on her first Holy Communion in June 1984 and the following day. The trial, presided over by Ms Justice Eileen Creedon, is set to continue for at least another week.

2018-04-17 · Galway

Jury deliberating in Galway rape trial

In a Central Criminal Court case, a 46‑year‑old Galway man, whose name is withheld for legal reasons, is on trial for orally raping a 20‑year‑old woman. The alleged offence occurred on the night of 5 November 2015, when the man allegedly gave the woman a lift home. According to the victim, she fell asleep during the journey and woke to find the man standing in the van with his right leg on the seat beside her and his penis in her mouth. She later ran to a nearby house and shouted the van's registration number. The accused claims the encounter was consensual, describing it as "very tender" and "chemical," and says the woman gave him oral sex for a few seconds before she said she had a boyfriend. He denies the charge and has no prior convictions.

2018-04-16 · Dublin

Pensioner bids to stop trial for alleged sex abuse over 50 years ago

A pensioner in his late seventies has filed a High Court application to halt his criminal trial for alleged sexual assault of an eight‑year‑old girl in 1962‑63. He claims that the passage of more than five decades has prejudiced his right to a fair trial. The case is set to be heard by a judge and jury at the Circuit Criminal Court next year. The accused denies all charges and says he rarely visited the victim's Dublin home, contrary to the complainant's allegation that he and his family were regular visitors. He also asserts that he was working overseas at the time of some alleged incidents. His mother and sister, who might have supported his account, have died. The High Court, after hearing barrister Patrick Gageby SC, granted a stay on the prosecution, making the matter returnable to a June hearing.

2018-04-16 · Galway

Man accused of orally raping woman while giving her lift home

In a Central Criminal Court hearing, a 46‑year‑old Galway man pleaded not guilty to a single charge of oral rape at a Galway location in the early hours of 5 November 2015. He told Gardaí that the alleged encounter began with a consensual, "passionate" kiss while looking over the city from a viewpoint. He claimed they hugged, kissed, and that the woman performed oral sex on him for a few seconds before she said she had a boyfriend and became unresponsive. He said she then shouted at him, demanded her phone, and wanted him to drive her to a Garda station. He described feeling panicked when she left the van and later went home very shaken. The trial is in its closing stages before Justice Eileen Creedon and a jury. The case is still ongoing.

2018-04-16 · Ireland

Father convicted of raping daughter doesn't accept jury verdict

A 47-year-old man from Co Mayo has been convicted by a jury at the Central Criminal Court of three counts of rape, five counts of anal rape and six counts of sexual assault against his daughter between 2006 and 2010, when she was aged seven to eleven years. The offences occurred both in Ireland and abroad. During proceedings, the man's legal representative stated that his client rejects the jury's verdict and maintains his innocence. Defence counsel indicated the man intends to lodge an appeal against conviction at the earliest opportunity. The court heard that the victim disclosed the abuse to social workers while in care. The defendant, who has previous convictions in Ireland and abroad, was remanded in custody pending sentencing on 23 April.

2018-04-16 · Cork

Pensioner who raped and twice impregnated step-daughter appeals 12-year sentence

A 70‑year‑old Cork pensioner, who cannot be named, has appealed the 12‑year jail sentence imposed for raping his step‑daughter from age 11 to 16 and impregnating her twice. He pleaded guilty to 18 counts of rape and sexual abuse between 1974 and 1979. The complainant, now 53, said the man entered the family home after her father's death, married her mother, and repeatedly forced sexual intercourse on her, often when her mother was absent. She reported that the defendant was an alcoholic who spent her mother's money and that the abuse caused her to become pregnant at 15, losing one child and putting another up for adoption. The Court of Appeal heard that the original 18‑year headline sentence was reduced to 14 years, with the final two suspended due to the man's age and medical issues. He had already served a four‑year sentence for indecent assault of the woman's siblings.