'Heinous': Limerick man sexually assaults babysitter while his child cried on the floor

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A LIMERICK man sexually assaulted a 13-year-old babysitter while his own child was crying on the floor in the same room, the circuit court has heard.

The man, who cannot be named to protect the identity of the victim, made an application before the court to be removed from the Sex Offenders Register.

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Lily Buckley BL, instructed by State solicitor Brendan Gill, objected to the application with the assistance of Detective Sergeant Michael Reidy.

Ms Buckley said the sexual assault occurred at an address in County Limerick on a date in February, 2007. The barrister said the applicant, aged in his mid-40s at the time, was in a relationship with the victim’s mother.

“The mother was at work. He returned home from a public house at around 11pm having  consumed alcohol and taken drugs. The 13-year-old child was minding the child who was under three years of age. 

“He grabbed his child from her arms, grabbed his victim, removed her clothing, and then removed his top. He fondled her roughly around the breast area. She was crying, screaming, fighting back. He removed her pants and underpants. He forced her legs apart, put his head between her legs, licked and bit her genital area. He made her touch his penis. 

“All this was carried out as his own child was crying on the floor in the same room. The events occurred over a considerable period of time. It was accompanied by threats including a threat to kill,” said Ms Buckley.

Det Sgt Reidy said he has informed the victim that the application was being made by the man to be taken off the Sex Offenders Register.

“It is her firm belief that the applicant should remain on the Sex Offenders Register,” said Det Sgt Reidy.

The court heard that the man received a four-year jail sentence with the last two years suspended. This was appealed by the DPP on the grounds of undue leniency and the Court of Appeal subsequently imposed a six-year prison sentence.

Once a person on the Sex Offenders Register is released from prison they are subject to the requirements of the register. Det Sgt Reidy said they have three days to notify gardai of where they intend to reside, or if they intend to travel outside of their normal address - the address they will be staying. He said they also must inform gardai of any change in relationships.

“In my experience, being subject to the requirements mitigates against any potential offences that may arise. In terms of safeguarding, the State are aware or can account for where a person is, or if they aren’t where they are supposed to be, obviously, action can be taken in those circumstances. It's key in terms of monitoring a person, subject to the register,” said Det Sgt Reidy.

Kenneth Kerins BL, who represented the applicant, said it was a serious offence, a heinous act and “there is no attempt to diminish the act”.

“There was a lot of intoxication and substance misuse at the time. He offers no excuse, pleaded guilty, used his time wisely in prison, engaged in programmes and went for treatment.

“He has always worked, not come to any garda attention and is in a committed relationship. He is now in his early sixties and has grandchildren. He has had to turn down employment abroad due to the burdens of the notification requirements,” said Mr Kerins.

The court heard the applicant has a conviction in 2012 for failing to notify gardai of his address while he was working in Dublin.

Mr Kerins said this was “nothing sinister”. He said his instructions are that it was a booking issue in relation to staying in a B&B in Dublin where his client was working, and he hasn’t come to any garda attention since then.

Judge Colin Daly said he would wait for an updated report from a clinical psychologist before deciding whether or not to remove the man from the Sex Offenders Register. 

The judge also wants to know on the next date if the woman the applicant is co-habiting with has adult children, do they have children and what contact does the applicant have with those children.

Judge Daly also asked what kind of contact the applicant has with his children and grandchildren.

The matter was adjourned until the new year.

If you have been affected by this story please contact the 24 Hour Rape Crisis Helpline on 1800 778888 or the Garda Confidential Line on 1800666111.