Judge warns Mayo man who sexually assaulted a male minor that he a prison sentence is inevitable
Prison term adjourned for family friend who sexually assaulted 13-year-old boy
A JUDGE has warned a Mayo man who sexually assaulted a male minor some years ago that he will inevitably serve a prison sentence, no matter what professional assessments reveal about his likelihood of recidivism.
Judge Keenan Johnson was speaking at last week’s sitting of Castlebar Circuit Criminal Court, where the perpetrator, who is now aged 30, appeared for sentencing in respect of a sexual assault, which he carried out on a 13-year-old boy in the early hours of New Year’s Day 2010.
The perpetrator, who was a family friend of the injured party, pleaded guilty to the charge. Under questioning by Pat Reynolds, prosecuting counsel, Sgt Brian Murphy said the incident first came to the attention of the Gardaí when they were contacted by the parents of the victim. The parents had only become aware of the assault a fortnight after the incident when a cousin of the injured party saw a text sent by him to the perpetrator asking him not to disclose what had happened.
The court heard that the boy had got up during the night and was playing his X-Box when the perpetrator, who had been socialising with his family, came into his room. In his statement the victim said that the older man put the control box on his (the boy’s) genitals and then his hand. He said he was ‘scared’ but he touched him intimately again and put his hand under his trousers and masturbated him until he ejaculated.
Sgt Murphy also read part of the boy’s Victim Impact Statement, which stated that he now ‘suffered migraines, weight loss and panic attacks’ and had to move from his school. He also said he no longer trusted people and was constantly looking over his shoulder.
“I try to block it out of my mind because it stresses me. Even having to make this statement stresses me,” he said in the statement, which was written in the last two weeks.
Barrister for the defence, Deirdre Browne, said the Probation Services had requested time for further professional assessments of her client.
“My instructions are to convey, on behalf of my client, to both the court and the injured party, a most sincere and abject apology and a very deep remorse. He is from a decent and very good family who are deeply shocked by the incident and wish to make sure they get to the root of his own difficulties,” Ms Browne said.
Noting that her client was cooperative from the outset, she provided the court with a character reference from a former teacher.
Responding, Judge Johnson said: “These are very serious charges and particularly so because of the breach of trust. This man was a friend of the family, and the court has to be mindful of the devastating effects on the victim. However, justice must be done and the sentence proportionate, so I will defer sentencing until October 18, when I trust the risk assessment will be complete.”
“I don’t want to give false hope to your client, who can expect a custodial sentence,” the judge added.
Earlier Mr Reynolds said the maximum sentence for such an offence was 14 years because of the age of the injured party.
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