CENTRAL CRIMINAL COURT
		Bill No. C.C. 0011 of 1977
BETWEEN
D.P.P.
		PLAINTIFF
AND
J D
		DEFENDANT

Judgment of Mr. Justice Feargus M. Flood delivered the 29th day of  July 1997.

	The Accused in this matter has pleaded guilty to four counts of rape contrary to Section 4 of the Criminal Law Rape (Amendment) Act, 1990 and three counts of sexual assault contrary to Section 2 of the Criminal Law Rape (Amendment) Act, 1990.
	The underlining facts of this case are these.
	In August 1991 Ann K. O'H and her husband B came to reside in a coastal town in the County of Galway with their then two daughters, T aged 16 and F aged 9.  Her youngest daughter, Sarah was born shortly thereafter.
	Her brother-in-law, U. O'H and his wife and two children V. O'H and 
A. O'H resided nearby.  These two children were aged between 5 and 12.
	S. O'H, a sister of the fathers of both families came to reside nearby and some time later the Accused, an American citizen whom S. O'H had met on holidays came to Ireland and went to reside with S. O'H.  He was accepted by the extended family as something of an uncle-like figure.  He befriended all the children giving them sweets and indeed acted from time to time as baby-sitter for the respective families.  S. O'H, his partner worked during the week and sometimes at weekends and the Accused would be in their house and the children would come up to him.
	In September 1996, it came to the knowledge of Ann K. O'H through a conversation with her daughter that the Accused used to play games with the children in his home requiring them to strip while he stripped and also requiring them to lick his penis and on occasion he put his tongue in their vaginas and carried out other acts of a crude sexual description.
	It would appear that this conduct had been going on for something in excess of two years when it was discovered in September 1996.  
	On being confronted by Ann K. O'H and her sister-in-law, S. O'H he admitted his guilt and subsequently after a complaint had been made to the Gardai he made a full statement.
	After been confronted by the families he left the area and attempted to get an aircraft back to the United States and was apprehended on the aircraft by the Gardai.  I have heard evidence from the parents of both these sets of children and it is not too much to say that they were totally shattered by the breach of trust of the Accused whom they had accepted in as part of an extended family.  It is fortunate the little children have apparently recovered very well from the experience but there is still grave concern by their parents for their ultimate future good.
	The offences to which the Accused has pleaded guilty cannot be regarded as anything but serious offences.
	In background, the Accused is an American born man.  He came from a home where violence was prevalent and where he was systematically victimised by his own father.  He was a drop-out at school and went on to work in various forms of work including joining the Navy for a short period, a truck driver and ultimately a supervisor in the trucking firm.  He sustained quite a serious injury and ultimately obtained compensation in the form of a disability pension.  He had been married in 1960 but his marriage broke up in 1982.  He has three children in America now in their mid-30's.  He has expressed himself as being deeply contrite for the grossly offensive actions he has perpetrated.  It is said of him by a psychiatrist that his psycho-sexual difficulties have a compulsive undertone which his rational facilities are unable to control but that this could be significantly diminished if he were to obtain appropriate treatment.
	It has been indicated that if he were not given a custodial sentence he would forthwith leave the country and not return.
	Looked at from the Accused's point of view, he is a man in his 60's with a disability and who has no ties in this country.  It is his first offence and he has no history of paedophilia.  He has admitted guilt immediately upon being confronted with the facts and has co-operated with the Gardai.  I take a full account of the evidence of Dr. Frances Knott, Consultant Psychiatrist, and the treatment options which she has indicated as available.
	Nonetheless, I cannot accede to the proposition that he should walk out of this Court and out of this country without any punishment for the gross offence which he has committed.  Paedophilia in its varying forms is regarded in this country as a serious form of crime and it is only in the most absolutely exceptional circumstances that non custodial sentences follow from paedophilic acts.
	In my view, the appropriate sentence in this case is seven years imprisonment on the counts of rape and five years imprisonment on the counts of sexual assault, all terms to run concurrently.  I will grant the Accused liberty to apply to this Court not earlier than the month of January in 2000 to review his sentence.
	I will direct that he be given appropriate sexual therapy at an early date as outlined by Dr. Frances Knott.  I am giving expression in this respect to the confidence of Dr. Knott of non-repetition in granting this liberty to apply to review.

SIGNED:-	____________________
	FEARGUS M. FLOOD

Dated the 29th day of July, 1997.