Sunday 28 December 2014

Rapist who assaulted boy (7) admitted crimes ‘only because he’d had no coffee before garda interview’

Michael Lavery

Published 11/12/2012 | 12:11

A man who showed no remorse was today jailed for nine years for raping a seven-year-old boy in the child's home 10 years ago.



Clive Dwyer (30), Mill Park, Clondalkin, Dublin, had pleaded not guilty to four counts of sexual assault, three counts of oral rape and one count of anal rape between January 1, 1999, and December 31, 2002.



Last month, a jury of seven men and five women in the Central Criminal Court unanimously found Dwyer guilty on all counts of sexual assault and oral rape, and guilty by a majority verdict on the count of anal rape.



The victim is now 17. Dwyer was a Leaving Certificate student at the time of the offence.



Today, Mr Justice George Birmingham sentenced Dwyer to nine years on the rape charges and three years on the sex assault charges, the sentences to run concurrently.



The judge described the offences as "very grave sexual abuse" and said that Dwyer had been convicted on overwhelming evidence.



He noted there had been "no expression of remorse or regret forthcoming" from the accused.



The offences had "a significant" impact on the victim.



They had been committed when Dwyer was in his late teens, approaching 20 and if he had been a mature adult it would have merited a 12-year sentence.



The judge said Dwyer had since built a life for himself and was now in a long-term relationship.



Dwyer had been before the Circuit Court in relation to offences against another young boy in 2003. The current offences occurred around the same time and it was not a question of him re-offending.



The judge imposed a five-year post-release supervision order.



Dwyer initially admitted to the sexual abuse when interviewed by gardaí, but during the trial claimed he had only made the admissions because he had been questioned early in the morning and had not had a cup of coffee yet.



Questioned during the trial by Remy Farrell SC, defending, Dwyer had said: “I was abused myself when I was a kid. I was 14 at the time. When they were interviewing me it kind of brought all those memories back again.”



Earlier in the trial, the victim was asked to describe the offences, and he told the court: “I can’t. I’m not able to say it out loud.”



Later he went on to answer questions about how he was raped and sexually assaulted by Dwyer on several occasions The victim’s sister told the court that her brother confided in her last year and that she brought him to gardaí to report the allegations.



The teenager’s mother said she knew nothing about the incidents until her daughter told her.



The prosecution’s case focused on a Garda interview during which Dwyer initially denied the allegations, before admitting to having sexual relations with the boy a number of times.



The jury was shown a video of the interview, in which Dwyer said: “It happened, just playing around. We do things in life we regret.” Dwyer told interviewing gardaí: “Maybe once I had sex with him, just once,”



But he said there had been no use of force.



When questioned during the trial, Dwyer claimed he only made these admissions because he was interviewed early in the morning and he had not had a cup of coffee yet.

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