Suspended Sentence for Rapist

JP Liz V1

The Irish Times

The Director of a Sexual Violence Centre has heavily criticised a decision by a judge to give a teenager a five-year suspended sentence after he pleaded guilty to raping his niece over a three-year period starting when she was just eight years old.

The High Court sitting in Cork heard that the youth, who cannot be named in order not to identify the victim, acted out pornographic scenes he had been viewing from the age of nine or 10.

The 19-year-old from Munster pleaded guilty to seven Section 4 rapes and 10 sexual assault offences as well as to the sending of lewd texts to his niece.

He was aged between 14 and 17 and the girl was between eight and 11 during the period from May 2016 to April 2019 when the offences occurred.

The injured party said that the youth threatened to do what he was doing to her to her younger sister. She stated that she felt proud that she had protected her younger sibling from his abuse.

Mary Crilly, Director of the Cork Sexual Violence Centre, emphasised that there needs to more guidelines in place in relation to sexual assault and rape cases before the courts.

“I’ve always believed if someone is found guilty of child sexual abuse that they have to get mandatory sentences, then after that the Judge can use whatever discretion they want. The idea of a suspended sentence for abusing a child is just beyond belief,” she said.

“I do hope the Director of Public Prosecutions does appeal the leniency of the sentence in this case.”

Ms Justice Deirdre Murphy thanked The Probation Service for the comprehensive report she had received in the case, saying that it helped her in determining the appropriate sentence.

Conditions were attached to the suspended sentence, namely that the youth not reoffend and co-operates with The Probation Service, attends appropriate appointments, notifies gardaí of any change of address, engages with programmes and therapies that would reduce his risk of reoffending, and liaises with the education and employment services.

The youth was ordered not to be in the company of children unsupervised or to go anywhere near the victim.

Ms Justice Murphy also ordered that the teenager undergo a psychiatric assessment and explore queries in relation to an autism diagnosis.

The judge noted from the victim impact statement the isolation felt by the injured party when the offending was occurring.

She said the sexual abuse of a child aged eight to 11 is “potentially devastating.”

She stated the defendant had an emotional maturity that was less than his age. She added that the fact that the accused might be on the autistic spectrum might reduce culpability but make rehabiliation more challenging.

“Having observed this young man’s psychological vulnerability a prison term might crush him rather than foster his rehabilitation. He has demonstrated a willingness to address his deviance,” the judge said.

“I think that with the best will in the world the supports this young man needs might not be available within the prison system,” the judge said..............

I'm truly baffled by our legal system, how is this justice

Still stihl waters 3

It's not justice but neither would putting him in a prison where he might be worse coming out, its obviously not right but if he's not right mentally or autistic what good would putting him in prison do, a suitable environment like a long stay mental facility might work for him but it would be a retrograde step to throw him in prison without the correct supports needed to rehabilitate him, that wouldn't do him or society any good, my sympathies to the victim as what she went through must be horrific

Mike Murdock

Paedophiles can't be rehabilitated so it's airy-fairy fantasy to think any treatment will work for this creature.

He should have been locked up. Either in prison or a bedlam.

And yes, if he's a teenager raping a child of 8, he is a paedophile.

Gatling

Shocking sentence , absolutely should be appealed , judges in this country seem to beyond reproach when it comes to sentences ,there have been similar historic cases where teenager now adult sentenced to prison for sex abuse they carried out as a child themselves ,but we get a suspended sentence in this case inspite of the threat to abuse an even younger sibling .

This is wrong on so many levels

Mike Murdock

https://www.boards.ie/discussion/comment/118032343#Comment_118032343

Look at the 15 year sentence that Jonty Bravery got in the UK. An 18 year old with autism and other serious personality issues.

https://www.bbc.com/news/uk-england-53191161

The judge here should hang their head in shame.

Hotblack Desiato

It also sends out a signal to society (and other victims considering reporting sexual crimes) that these offences are not regarded as "real" crimes.

joseywhales

"might be on the autistic spectrum might reduce culpability"

What does this mean? Can they not get a professional to determine this? Ah well he might have problems so we will let him off? Can we not find out? Is it not worth the expense or something ? Sure it's only multiple rapes of a child.

Mike Murdock

https://www.boards.ie/discussion/2058213473/suspended-sentence-for-rapist

She said the sexual abuse of a child aged eight to 11 is “potentially devastating.”

Are you **** kidding me? "Potentially"?

There needs to be serious reform of the judicial system so we can get rid of judges such as this and Suspended Sentence Nolan.

https://www.boards.ie/discussion/comment/118032366#Comment_118032366

is this diagnosis confirmed. He was emotionally in tune to threaten to abuse the girl's younger sister unless she allowed him to continue. High manipulation making mockery of his claims in mitigation, though a lawyer will say anything they are paid to

Mike Murdock

https://www.boards.ie/discussion/comment/118032412#Comment_118032412

High manipulation makes a mockery of the idea of "rehabilitation".

Gatling

You can be autistic and still know right form wrong especially when it comes to rape ,

Most experts in the field of autism was say large portions of the population will fit on to the spectrum somewhere ,it should never be used as an excuse

joseywhales

https://www.boards.ie/discussion/comment/118032454#Comment_118032454

But like before all that, its not even confirmed that he is autistic. Like the comment "might be on the autistic spectrum" basically means nothing, the statement has zero value, he is either considered legally impaired or not.

Jequ0n

Here we go again. Everyone knows better than the people who looked at the details and assessments. Bring out the pitchforks.

SupplyandDemandZone

https://www.boards.ie/discussion/comment/118033599#Comment_118033599

Pitchforks? he should be put in front of a flamethrower.

You get longer sentences for tax avoidance in this country than you do for rape. Judges are a disgrace.

Still stihl waters 3

https://www.boards.ie/discussion/comment/118033636#Comment_118033636

Mandatory life sentence for convicted pedophiles is the only way you can be sure they don't come out of prison worse than they went in, I'd have no problem with banging them up but to say a pedophile will change their ways because they've spent a few years inside is bollox, judges are a couple of steps removed from normal plebs like ourselves

https://www.boards.ie/discussion/comment/118032319#Comment_118032319

Not everyone who rapes or sexually assaults children are paedophiles.

They are still rapists, but not necessarily paedophiles.

JP Liz V1

https://www.boards.ie/discussion/comment/118033661#Comment_118033661

I'm curious what is your definition, as I assume he was attracted to his rape victim

Gatling

https://www.boards.ie/discussion/comment/118033661#Comment_118033661

Isn't that exactly what a pedophile is a person who gains sexual satisfaction from raping and abusing children

Jequ0n

https://www.boards.ie/discussion/comment/118033718#Comment_118033718

Rape is not necessarily about sexual preferences but about power.

The guy was 14 when he started abusing his relative, which tells you that it was a suitable environment to do so for a teenager. Makes you wonder about the whole family setup, no?

https://www.boards.ie/discussion/comment/118033714#Comment_118033714

Do you think sexual assaults and rapes are because the offender is attracted to the victim?

https://www.boards.ie/discussion/comment/118033718#Comment_118033718

No. A paedophile is sexually attracted to children. That's their sexual preference. There is no reason to think that all people who rape and assault children are paedophiles.

They are horrible individuals, who prey on weak vulnerable victims, but not necessarily paedophiles.

JP Liz V1

What ever his age, sexual preference, he is vile scum who deserves life inside

Fandymo

The only thing that should be suspended in this case is the filthy beast, on the end of a rope.

Potential-Monke

He's started a pedo. He's now a hebephile.

Pedo: Sexual interest and attraction to pre-pubescent (typically pre-11)

Hebe: Sexual interest and attraction to pubescent (typically 11-14)

Ephebo: Sexual interest and attraction to adolsecent (typically 15-19 (19?))

Anyway, not necessarily any of the above, if it was just a power play. But if there was genuine sexual interest, then yeah, he's one of the philes. Crazy verdict though, but easy for us to say without having all the facts. However, from what's currently available, simply from the threats to do it to her younger sister, he was well aware of what he was doing and should burn, limb by limb but with someone nearby to keep giving shots of adrenaline so he can't pass out.

Complex situation.

Devastating for the victim, if it was a relative of mine I'd want to gouge this creeps eyes out.

The group-response in cases of pedophilia is always "crucify him".

I'm mean let's face it, situations like this are RAMPANT, sexual abuse and victimization is only exposed a FRACTION of the time in contrast to how frequently it occurs.