A man who raped his partner’s seven-year-old son in the shower has been jailed for eight years.
The 48-year-old man, who can’t be named to protect the identity of his victim, was found guilty of one count of rape and one count of sexually assaulting the boy on a date between May 1st, 2016 and September 30th, 2016 following a Central Criminal Court trial last July.
The child, then aged seven, was showering in his home when the man came in and told the boy his mother had said he should shower with him. The man then sexually assaulted and raped the child, the court heard.
The man was in a relationship with the boy’s mother at the time and occasionally stayed overnight, a local detective garda told the man’s sentence hearing.
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The offence came to light a few years later when the boy, then aged 10, confided in his teacher that he had been sexually abused. The boy’s mother was then informed and she immediately contacted gardaí.
Sentencing the man on Wednesday, Ms Justice Mary Ellen Ring said the accused had been in a “position of trust” due to his relationship with the boy’s mother.
She said the relationship between the accused and the boy’s mother was serious, even if it was short in length and the man could have been seen as a person he was safe with.
Ms Justice Ring said the accused had also deceived the boy by telling him that his mother said he should shower with him. She imposed an eight-year prison sentence for the count of rape and three years and six months for the sexual assault, to run concurrently.
Ms Justice Ring said this case highlighted the importance of social, personal and health discussions in schools, which had led to the boy confiding in his teacher about the sexual abuse. She commended the boy’s teacher and school leadership for listening to him and acting.
Ms Justice Ring said teachers play an “important role in the life of children” and can “assist in the protection of young children, who may not be comfortable talking to others about abuse”.
In a victim impact statement which she read out in court, the boy’s mother said she would never forget the day she was called to the school. “My mouth went dry and my head started spinning,” she said.
The court heard the boy had previously disclosed to his mother that he had been sexually abused by a family member when he was aged three or four and the woman said she couldn’t believe she had put her “baby boy in danger again”.
She said her son, now aged 14, was robbed of his childhood and forced to grow up “physically and mentally”. She said he is completely isolated, has no friends and does not play the sports he used to love as he can not be near adult males.
“My son no longer expresses his feelings and does not have the happy-go-lucky life he should have,” she said.
A psychiatric report handed into court outlined a number of issues the boy has experienced since the attack.
Ms Justice Ring commended the boy for his participation in the legal process, which would be “daunting for an adult without challenges”. The boy and his mother were present in court for the finalisation the case.
Counsel for the Director of Public Prosecutions, Simon Matthews BL, told the judge that the boy and the mother wished for the man to be identified, while retaining their anonymity.
Mr Matthews told the court that the Children Act provides anonymity for child victims. Section 252 of the act states that the court may dispense with this statutory anonymity if it is satisfied that it is appropriate to do so in the interests of the child.
Marc Thompson BL, defending, told the court that there are other factors, including the man’s previous conviction, which may identify him.
Declining to direct the publication of the man’s identity, Ms Justice Ring said there is a “limited likelihood” of identification of the victim who is still a child and who “may change his view” on this issue in the future.
The court heard the man has one previous conviction for facilitating the sexual exploitation of a child and was handed a three-year suspended jail sentence. The court heard the man was arrested in the wake of a sting operation carried out by a vigilante group in which he arranged to meet someone he thought was a 14-year-old girl. This offence occurred after the assault on the boy.
Ronan Munro SC, defending, asked Ms Justice Ring to take into account a number of mitigating factors, including the fact that the abuse was confined to a single episode and there were no threats of violence. He said the man was himself a victim of sexual abuse when he was a child.
Ms Justice Ring said the most serious aggravating factor in this case was the boy’s young age at the time and the fact he was already vulnerable. While the man’s previous conviction related to events which occurred after the assault on the boy, Ms Justice Ring said this could not be overlooked.
Ms Justice Ring set a headline sentence of 10 years in relation to the rape count and three and a half years for the sexual assault count, both sentences to run concurrently.
She noted that the defendant had not pleaded guilty, but had been co-operative during the trial process. Taking all the mitigating factors into consideration, Ms Justice Ring reduced the sentence for the rape count to eight years.
She also ordered the accused to undergo two years of post release supervision with the Probation Services and to have no contact with the victim.
Speaking directly to the victim, Ms Justice Ring wished him well for the future and commended him for talking to his teachers, adding that if he had any problems in the future, his mother and teachers would be available.