A profoundly deaf north Dublin man who sexually assaulted his niece has been given a three-year suspended sentence by Mr Justice Paul Carney at the Central Criminal Court.
The 26-year-old man, who cannot be named to protect his victim's identity, admitted three sample charges of sexually assaulting the now 19-year-old woman on dates between 1991 and 1993.
Mr Justice Carney yesterday directed that the man be certified as a sex offender, on the application of prosecuting counsel Ms Róisín Lacey. The court proceedings were relayed to the defendant by a sign-language interpreter.
Mr Justice Carney said he had great difficulty with this matter, and he had to refer to two cases in which the Court of Criminal Appeal had found him to be in error for "excessive sentences".
He said that sexual assault was at "the lower end of the scale" in sexual offences, unlike rape, and that the offences in this case, while reprehensible, were sexual assault by the then 15- to 17-year-old defendant against his niece who was then aged six to eight or nine years.
Mr Justice Carney said that there was "a very serious breach of trust" but he took into account that the defendant would be particularly vulnerable in prison due to his situation, and would suffer exceptionally from bullying.
He also took into account expert reports that there was no risk of him reoffending in this way.
Mr Justice Carney bound him on his own bond of €1,000 to keep the peace for five years.