A BRAZILIAN man who sexually assaulted a six-year-old boy and was found with 48 videos and images of child pornography has avoided a jail term.
Charles de Sena Silva (28), of Cabra Drive, Cabra, Dublin, pleaded guilty to three counts of sexually assaulting the boy between September 1st and November 30th, 2008, at the child’s home. He also pleaded guilty to possessing 48 video images and still images of children under 12 and teenagers engaging in sexual activity with adults.
Dublin Circuit Criminal Court heard Silva touched the child outside his clothing on three occasions, and would have done more if the boy had not told him to stop.
Silva wept as the court heard details of his own abuse as a child and efforts he has made since the assault to deal with the effects of that abuse.
Judge Martin Nolan took into account that Silva had been abused as a child, which “in some way perverted his sexuality” and was the most likely explanation for his behaviour. He said Silva posed a moderate risk to society, but noted he was getting counselling to address his behaviour.
He sentenced him to three years on each count, which he suspended in full for three years on condition Silva remains under probation supervision for three years.
A family member of the abused child ran out of the court in tears as the suspended sentence was handed down.
Sean Guerin, defending, said his client had experienced a “lengthy ordeal” of severe sexual abuse from the ages of four to 13 at the hands of neighbours in Brazil. The court heard how Silva’s mother beat him in disgust when he told her of the abuse.
A forensic psychological report, based on two years of analysis, said Silva took full responsibility for the sexual assaults and recognised the impact they had on the victim. He now realised the children in the downloaded videos were victims.
The report outlined how Silva’s “disturbing sex abuse history” had resulted in the “normalisation” for him of sexualisation of children.
When gardaí asked him why he had touched the victim in this case, Silva said: “I really want to know the answer as well. I want to die. I don’t want my mother to find out.”
The court concluded while he was a “moderate to high risk for future offending”, the fact he was now in a long-term relationship and was “fully committed” to the therapeutic process reduced this risk. The court heard Silva had married a woman he met since the offences came to light, and she had written a letter of support.