A Dublin man who made a young boy and his own son masturbate to a pornographic movie has being jailed for 18 months.
The 39-year-old pleaded guilty at Dublin Circuit Criminal Court to two counts of child exploitation by inducing a child to watch a pornographic movie and by inviting a child to masturbate in his home on February 28, 2002.
The charges relate to his son’s nine-year-old friend but not to his son. He was registered a sex offender when he pleaded guilty.
Judge Mary Ellen Ring said that children are entitled to grow up unmolested. She suspended the last 18 months of a three year sentence on condition that the man co-operate with the Probation Services for that period.
He must also avoid drug and alcohol misuse, engage with a Probation Services programme called Safer Lives and have no contact with the victim for five years.
The court heard that the boy reported the incident to his parents as soon as he came home from visiting the man’s house. Days later the man later came voluntarily to a garda station and made full admissions.
He told gardaí he cried after the 15-minutes incident. He said that he had wanted to have sex with the boys or touch them and admitted that he was a danger to children.
Garda Katie Flood told Gerardine Small BL, prosecuting, that the victim had been visiting his friend. When he came home he said to his mother “Oh Mam, I have something to tell you, will you not give out to me?”
He then told her what had happened by using hand gestures. He said his friend was doing it too and described the movie and said he didn’t like it.
The child later told gardaí that the man came into the bedroom where the boys had been playing PlayStation, sat down beside him and started masturbating.
He then asked his own son to put on a dirty movie before he chose one himself and put it into the PlayStation.
The victim later told gardaí that the man started flicking his ears instructing him to masturbate and said “Do it” before pushing him.
The boy then put his own hand down his own trousers but not his underpants and pretended to masturbate.
He said the man asked him what size his penis was and said he touched the outside of his clothes before offering to help him. He said he told the man “No, I am not gay.”
A victim impact report, which was prepared by the boy’s parents, was handed into court but not read out.
The couple were present in court but said they didn’t want to address the judge or read out the statement.
Gda Flood said the man has previous convictions for parking fines and one for possession of drugs.
She agreed with Aileen Donnelly SC, defending, that the man had presented at the garda station before the gardaí had interviewed the child.
She accepted he was very upset and that he had told gardaí “I want to confess to what I did because I think it was wrong.”
She agreed that the man had refused a solicitor saying “I just want to get this off my chest”.
She agreed with counsel that her client left the family home as soon as he was confronted and he has been co-operative with the gardaí. He had two children with his wife and they had been together from the age of 18 years old.
Gda Flood further accepted that she was aware that the man had since been attending counselling and that he claims he was abused himself as a young child.
Ms Donnelly said her client apologises unreservedly for what he did and is deeply ashamed of his actions. She said her client has found it hard to come to terms with what he has done and that he has been suicidal since this incident.
Risk assessment reports handed in to the court put the man at a moderate risk of reoffending.