Judge told writer guilty of sex assault at risk of reoffending

WRITER Desmond Hogan (57), who pleaded guilty in July to sexually assaulting a 15-year-old boy, is at risk of reoffending, the…

WRITER Desmond Hogan (57), who pleaded guilty in July to sexually assaulting a 15-year-old boy, is at risk of reoffending, the Circuit Criminal Court in Tralee has heard.

Probation officer Nora Brassil told Hogan's sentencing hearing yesterday that he had made it clear in meetings since July that he saw the incident as "a mutual sexual incident/relationship" as opposed to an offence.

She had been considering recommending supervision by the service but Hogan had told her it would be very hard to change his point of view on the offence. As late as yesterday he had not changed his point of view, she told Judge Carroll Moran.

A further risk factor was the fact that Hogan was a single man whose offence was against a male. Statistically this made him more likely to reoffend, Ms Brassil said. "If the offender does not see what he did as harmful or wrong it increases the risk ."

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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 Hogan's chalet on the date in question. Hogan was showing them sketches and photographs of naked people, and the assault took place when the injured party's friends left to go to a local shop.

In a victim impact statement the boy's mother said the family was "totally disgusted" by what had happened.

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.

Anthony Sammon SC, for Hogan, said it was important to stress his client had pleaded guilty to a single offence. Hogan was prepared "to give a solemn undertaking" not to have any contact with male persons under the age of 17. His problem was one of isolation, and if he was to leave Kerry and re-establish contacts in the metropolis "that would open up an adult world for him".

Mr Sammon said Hogan pleaded guilty in July and apologised to the victim and to the victim's family. The writer had been physically attacked since the court case in late July, when his glasses were broken and his bicycle destroyed. There had been an attack on his dwelling on August 9th.

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