Query about prisoner release

FionaCassim

Hi there, I just had a question someone might be able to answer for me. Well, two questions actually.
Firstly, some background. This male, now aged 26, engaged in a so called relationship with his first cousin. He claims from ages 12-15(her) and 14 - 17 (him). It ended (how I don't know) and when he was 20, she made serious allegations and he was subsequently tried, convicted and sentenced for 1 count of statutory rape and 6 counts of sexual assault. He served 9 months in 2 different prisons.

First question - What is the reason he has to report to his local garda station every time he leaves the immediate locality? Parole?

Second question - he claimed to have had his Book of Evidence but I was under the impression you were not entitled to retain that. Was this a lie on his part?

Any information anyone has would be greatly and hugely appreciated.

Thanks so much,
F

Kimbot

FionaCassim wrote: »

Hi there, I just had a question someone might be able to answer for me. Well, two questions actually.
Firstly, some background. This male, now aged 26, engaged in a so called relationship with his first cousin. He claims from ages 12-15(her) and 14 - 17 (him). It ended (how I don't know) and when he was 20, she made serious allegations and he was subsequently tried, convicted and sentenced for 1 count of statutory rape and 6 counts of sexual assault. He served 9 months in 2 different prisons.

First question - What is the reason he has to report to his local garda station every time he leaves the immediate locality? Parole?

Second question - he claimed to have had his Book of Evidence but I was under the impression you were not entitled to retain that. Was this a lie on his part?

Any information anyone has would be greatly and hugely appreciated.

Thanks so much,
F

To answer the first question I think it's because he is probably registered on the sex offenders list now.

second question: it's relating to him so why wouldn't he be allowed to keep it. I seen one person hold onto his before.

FionaCassim

Hi Jonny24ie,

Thanks for the reply. I had thought about the sexual offenders register alright, but a law student I know said there were only 2 reasons for reporting to the Garda - out on bail or out on parole.

She also mentioned that the DPP dispose of the Book of Evidence (the one he claimed to have was the entire one, with witness statements, Plaintiff testimony), so I didn't think anyone had a right to hold on to it.

Kimbot

FionaCassim wrote: »

Hi Jonny24ie,

Thanks for the reply. I had thought about the sexual offenders register alright, but a law student I know said there were only 2 reasons for reporting to the Garda - out on bail or out on parole.

She also mentioned that the DPP dispose of the Book of Evidence (the one he claimed to have was the entire one, with witness statements, Plaintiff testimony), so I didn't think anyone had a right to hold on to it.

No, there's plenty more reasons for the garda station. I.e. A prisoner on temporary release or let out early on good behaviour might have those conditions imposed.

The book of Evidence wouldn't be destroyed as paper copies would be kept in court records for a long long time. Under freedom of information I'm sure he could get a copy of all of it in anyway.

FionaCassim

Yes I suppose you are right, but he has allegedly been out of prison since the end of 2011, surely he wouldn't have to report after that long?

Also, whatever about statutory rape, but don't you have to be over 18 to be convicted of sexual assault?

Mikros

FionaCassim wrote: »

Yes I suppose you are right, but he has allegedly been out of prison since the end of 2011, surely he wouldn't have to report after that long?

Also, whatever about statutory rape, but don't you have to be over 18 to be convicted of sexual assault?

If someone is on the Sex Offenders Register the reporting requirements depend on the length of the sentence imposed and range from 5 years up to life. For a 9 month sentence the person will be subject to the requirements for 10 years (5 if the offender was aged under 18 at the time of sentencing).

There is no age restriction on sexual assault.

FionaCassim

Mikros, thanks - I was under the impression the age limit was 18 to be tried and convicted for sexual assault. Perhaps not.

Right so that explains the reporting to Garda station, thanks

Pro Hoc Vice

FionaCassim wrote: »

Mikros, thanks - I was under the impression the age limit was 18 to be tried and convicted for sexual assault. Perhaps not.

Right so that explains the reporting to Garda station, thanks

The age of criminal responsibility is 12 and in certain cases 10 or 11. So in fact a boy of 13 can be convicted of statutory rape of a girl under the age of 17, yes wired but it's the law.

It's actually frightening that people believe a person under the age of 18 can not be convicted of such crimes.

http://www.citizensinformation.ie/en/justice/children_and_young_offenders/children_and_the_criminal_justice_system_in_ireland.html

Also an accused is given a copy of the book of evidence and there will be a number of copies made, 1 for accused, his solicitor, barrister SC if he has one, a copy may be given to any expert, an accused will be told by his legal team to read the book in detail.

Victor

FionaCassim wrote: »

I was under the impression the age limit was 18 to be tried and convicted for sexual assault.

I don't know if that is the case, but there are certain rules about persons under 18 and sex offences.

Pat Mustard

Mikros wrote: »

There is no age restriction on sexual assault.

There is if they are under ten years old.

http://www.irishstatutebook.ie/2006/en/act/pub/0026/sec0129.html

Substitution ofsection 52 of Act of
2001.


“Restriction
on criminal
proceedings
against
children.


52.—(1) Subject to subsection (2), a child under
12 years of age shall not be charged with an
offence.


(2) Subsection (1) does not apply to a child
aged 10 or 11 years who is charged with murder,
manslaughter, rape, rape under section 4 of the
Criminal Law (Rape) (Amendment) Act 1990 or
aggravated sexual assault.


(3) The rebuttable presumption under any rule
of law, namely, that a child who is not less than 7
but under 14 years of age is incapable of commit-
ting an offence because the child did not have the
capacity to know that the act or omission con-
cerned was wrong, is abolished.


(4) Where a child under 14 years of age is
charged with an offence, no further proceedings in
the matter (other than any remand in custody or
on bail) shall be taken except by or with the con-
sent of the Director of Public Prosecutions.”.