Paedophile avoids jail over abuse of boy (6)
Published 08/12/2011 | 05:00
A BRAZILIAN man who sexually assaulted a six-year-old boy and was found with 48 child pornography videos and images escaped jail when he was given a three-year suspended sentence.
Charles de Sena Silva (28), of Cabra Drive, Cabra, Dublin, pleaded guilty to three counts of sexually assaulting the boy between September 1 and November 30, 2008, at the child's home.
He also pleaded guilty to being in possession of over 48 video images and still images of children and teens engaging in sexual activity with adults.
Dublin Circuit Criminal Court heard that Silva touched the child in the genital area outside his clothing on three occasions and that he 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 the efforts he had made since the assault to deal with the effects of that abuse.
Judge Martin Nolan took into account that Silva had been abused himself as a child which "in some way perverted his sexuality" and was the most likely explanation for his offending 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 remained under probation supervision for three years.
A family member of the abused child ran out of court in tears as the suspended sentence was handed down.
Sean Guerin, defending, said his client had himself experienced a "lengthy ordeal" of severe sexual abuse from the age of four to the age of 13 at the hands of neighbours in Brazil.
The court heard how Silva's mother beat him in disgust when he told her about the abuse.
A forensic psychological report, based on two years of analysis, said that Silva took full responsibility for the sexual assaults and recognised the impact they had on the victim.
He also realised now that the children in the downloaded videos were victims.
The report outlined how Silva's "disturbing sex abuse history" had resulted in the "normalisation" of sexualisation of children.
When gardai 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."