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Teen student assaulted and raped boy (7) at child's home

A man has been convicted of raping and sexually assaulting a seven-year-old boy in the child's home 10 years ago.

Clive Dwyer (30), of Mill Park, Clondalkin, Dublin 22, had pleaded not guilty to four counts of sexual assault, three counts of oral rape and one count of anal rape on dates between January 1, 1999 and December 31, 2002.

The jury found Dwyer guilty by unanimous verdict 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 and Dwyer was a Leaving Certificate student at the time of the offence. Dwyer initially admitted to the sexual abuse when interviewed by gardai, but during the trial claimed he had only made the admissions because he had been questioned early in the morning and hadn't yet had a cup of coffee.

He was convicted on the fourth day of the trial.







Custody

Mr Justice George Birmingham remanded Dwyer in custody until December for sentence.

Dwyer was registered as a sex offender.

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 on a number of occasions.

The jury were 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 gardai: "Maybe once I had sex with him, just once", but 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 hadn't had a cup of coffee.

Dwyer told prosecution counsel Eileen O'Leary that he felt intimidated during the interview because the garda kept repeating questions.

"I recall the interview with the gardai. I found they were repeating their questions when I had already answered them," he said. He added: "I was confused. I had already answered the questions with the correct answers."

Ms O'Leary pointed out he admitted touching the boy in reply to one of the first questions asked in the interview, a question which had not been repeated.







DRAGGED

"I was in shock," he said, adding: "It was because of the time of morning it was. I was dragged out of bed. I hadn't even got a coffee inside of me. I wouldn't have been thinking clearly at that time of the morning."

Ms O'Leary pointed out that his story changed a number of times. He initially denied everything before admitting to some touching, and finally admitting to anal sex with the boy on one occasion.

Dwyer accepted what he said in the interview, before adding: "It never happened, these allegations are untrue."

Dwyer agreed that he had signed off on the content of the interview. He also accepted that he hadn't made a complaint about the conduct of the interviewing gardai.

Questioned by Remy Farrell, defending, Dwyer 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."

hnews@herald.ie


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