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Sign up to The Irish Times Archive (1859 - 2008)My Account »

Mon 10 Oct 2008Judge told writer guilty of sex assault capable to reoffending

Writer Desmond Hogan (57) who has pleaded guilty this summer to sexually assaulting a 15-year-old boy was at risk of reoffending, his sentencing hearing at the Circuit Criminal Court in Tralee was told today .

Probation officer Nora Brassil told Hogan's sentencing hearing that he made it clear he saw the incident as “a mutual sexual incident/relationship”, as opposed to committing an offence.

She had been considering recommending supervision by the service, but he had told her it would be very hard to change his point of view on the offence.

A further risk factor was the fact Mr Hogan was a single male and his offence was against a male. Statistically these were factors that made him more likely to re-offend, Ms Brassil said when she was examined on the contents of her probation report at the sentence hearing of Mr Hogan.

“If the offender does not see what he did as harmful or wrong it increases the risk (of re-offending)”, she said.

In July, Hogan of Back Lane, East End, Ballybunion, Co Kerry, pleaded guilty to aggravated sexual assault with a child under the age of 17 on November 11th, 2006, at Back Lane.

In evidence Sgt Michael McCarthy said the injured party was one of three boys in the accused’s chalet on the date in question. Hogan was showing them artistic sketches and etchings and various photographs of naked people. The assault took place when the injured party’s friends left to go a local shop, beginning in the kitchen with the accused removing all the boy’s clothes  and then his own clothes. The attack took p lace in the bedroom of the accused, Sgt McCarthy told Judge Moran

In a victim impact statement the boy’s mother said the family was completely devastated and “totally disgusted” by what had happened. It affected the family every day and they were constantly worried about where their sons were at any time.

Yesterday, Judge Moran said while Hogan's actions were not acceptable, he had no previous convictions. However, the probation officer's report outlining a risk of reoffending was "of enormous concern" to him.

Judge Moran adjourned the case until November 11th on the strict condition that Hogan did not associate with young males.

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