A man who sexually assaulted his mildly mentally handicapped son as they sought to comfort each other following family bereavements has been given a four-year suspended sentence. Mr Justice Geoghegan said the offences were serious, but he was satisfied the incidents had occurred in the context of deaths in the family. The defendant was also drinking heavily, but that was no excuse.
He also noted that the victim did not want his father jailed. These and other circumstances made the case a peculiar one in which a suspended term could be imposed. The defendant, a man in his 60s from Co Meath, pleaded guilty at the Central Criminal Court to sexually assaulting his son by touching him on two occasions in July and September in 1991. He entered into a bond to keep the peace and undertook not to have unsupervised visits with his son, who is now in his 20s.
A garda told Mr Michael Durack SC, prosecuting, that after the deaths of loved ones the victim began sharing a bed with his father. The accused was drinking very heavily because of his own grief, and while he remembered little of the incidents he accepted they had taken place. Last year health board officials became concerned about sexual conduct the victim engaged in. He revealed the earlier abuse by his father and gardai were contacted. He was now progressing well.
In reply to Ms Geri Ward BL, defending, the garda agreed it was an unusual and unfortunate case which was brought about by drink. The accused had always cared for his son. It was unlikely he would reoffend.
Ms Ward said the best way to explain the incidents was by reference to the defendant's extreme grief and loneliness.