Back in 2012, noticing a pattern of lenient sentencing of perpetrators of crimes of violence against women, I started to keep a record on this blog.
There was a broader rationale for the original post; I wanted to demonstrate the way that small, seemingly innocuous behaviours and attitudes towards women ultimately impacted upon their safety, and I also wanted to focus on how society regards women who have been victims of crime, versus how the perpetrators of violent and/or sexual crimes against women are viewed and treated.
Month by month, year by year I added examples of judgements that could be construed as unduly lenient to the post; however it started to become very long and unwieldly. You can read the original here, but this post, which I have laid out by judge in order to identify patterns, will focus purely on recording the sentencings. I am happy to receive additions and corrections.
Judge Martin Nolan
- In 2012, Thomas Finn, who viciously beat a neighbour in her garden in Finglas in an unprovoked assault had a two-year jail sentence suspended on condition that he pay his victim €3,000. Judge Nolan remanded him in custody for two weeks while he considered the sentence, and cited his clean criminal record and expression of remorse when imposing the sentence.
- Earlier in 2012 Aidan Farrington, who sexually assaulted two of his adult nieces escaped a jail term after Nolan said publication of his name would “be punishment in itself”. His defence included a large number of character references, and his wife had taken the stand, describing him as a “magnificent person”. Nolan said “the abuse was very serious, but the seriousness of the assaults themselves does not mandate a custodial sentence”, as they were lower down the scale than other cases coming before the court and lasted a relatively short amount of time.
- Nolan in 2012 also presided over the case of Mark Jordan, who, after assaulting his then girlfriend, leaving her with facial injuries, was handed down a two and a half-year suspended sentence on condition he pay her €5,000. Jordan broke his hand while punching his partner, who has since spoken about the lasting trauma the assault has had on her, and her frustration with the messages that such sentencing sends.
- In October 2012, Nolan suspended the entire four-year jail term handed out to convicted sex attacker Graham Griffiths – on condition that he pay €15,000 to the woman he admitted violently assaulting while apparently under the influence of narcotics. Griffiths’ victim was just 18 years old, and was too traumatised to attend court.
- In July 2013, a Dublin father of four who sexually assaulted his neighbour, while her eight-year-old son was present in the room and pleaded with him to stop hurting his mother, was given a two-year suspended sentence by Nolan. The child, instructed by his mother, ran to get help. Nolan said he felt that because of the man’s remorse, lack of previous conditions and the fact that he had since moved out the area, that the crime did not justify a custodial sentence.
- In November 2014, the DPP successfully appealed this case, resulting in the sentence being increased to four years. However the four-year sentence was also suspended in full in November 2014 by the Court of Appeal. Ms Justice Mary Irvine, while stating that it had been wrong to place the case on the “low end of the spectrum” of seriousness and that it was in fact “very serious”, taking a number of mitigating factors into account, she stated that the court found it “only just and proper” that the four-year sentence be backdated and suspended in full. The father of the victim said that neither his daughter nor her son had been able to access counselling supports due to cutbacks.
- In January 2015, Judge Nolan gave Stephen McCarthy, who sexually assaulted a woman as she slept in her bed following a party a two-and-a-half-year suspended sentence. McCarthy told gardai when questioned that he “tripped and landed on top of” the victim. Nolan took McCarthy’s lack of previous convictions and guilty plea into account, as well as the fact that McCarthy had paid his victim €2,000 in compensation.
- In February 2016, Jeffrey Mitchell was sentenced to a three years in prison by Nolan for a violent unprovoked assault on a woman late at night as she walked home alone. Mitchell had 70 previous convictions for crimes like assault and robbery. His victim said she suffered flashbacks and felt “crippled with anxiety”, and did not know if she would ever feel safe again. According to Nolan, due to the seriousness of the offence, and the defendant’s long history of convictions, he had no choice but to impose a “substantial” sentence.
Justice Garrett Sheehan
- In June 2013, Sheehan handed convicted rapist Niall Counihan of Longford a seven-year suspended sentence. His reasoning? Imprisonment would “impose hardship on his family”. Counihan – who his then 14-year-old victim claimed had shown no remorse since the crimes of rape and sexual assault were committed over 20 years ago – has two autistic children. Sheehan asserted that Counihan had “self-rehabilitated” in the meantime. “What he did to me has affected every aspect of my life, said his victim, “and it has left me with a pain, trauma, loss and sadness that I continue to feel every day”.
- in 2012, Sheehan opted to shorten rapist Gerard Kane’s 12-year sentence by three years, on condition that he sit his Leaving Certificate while in prison. Kane broke into his victim’s house, raped her twice and threatened to kill her and bury her in her own garden. Kane had, on the night of the rape, been out on bail for a burglary.
- In October 2013, Sheehan sentenced a Cork man to ten years in prison for breaking into his ex-girlfriend’s house armed with a hatchet and a knife, and subjecting her to a five-hour ordeal during which he physically abused her, raped her repeatedly, and hacked off her hair while he forced her to perform oral sex because she “wasn’t doing it right”. He then threatened to kill her. In court, it was claimed that he wanted to apologise to his victim, but was “too shy” to do so. The final three years of the sentence were suspended due to his willingness to participate in a sex offenders’ programme in prison. The woman involved had all the details of her assault read out in the courtroom, and reported in graphic detail in national newspapers. She has since left her home. This seven-year sentence was, according to Sheehan, at the “upper end of the scale” for such crimes.
Judge Desmond Hogan
- In July 2012, Dublin Circuit Criminal Court judge Hogan suspended five and a half years of the six-year prison term he’d handed down to wealthy businessman Anthony Lyons for attacking and sexually assaulting a woman in the early hours , ordering the attacker to pay his victim €75,000 in compensation. His victim was reportedly horrified, claiming never to have wanted money, but a prison sentence instead. Hogan referred to Lyons as being “being of previously good character”.
- The DPP successfully appealed the leniency of this sentence, and in August 2014, the Court of Criminal Appeal decreed that the correct sentence should in fact be six years, with four suspended. The DPP argued that Judge Hogan had attached undue weight to mitigating factors, one of which was the compensation order.
- In 2013, Gheorghe Alexandroae of Blackrock, Dublin was convicted of two charges of sexual assault on a woman during a party. Hogan suspended Alexandroae’s five-year jail sentence, on condition that he paid his victim €10,000. Many people “spoke highly” of Alexandroae, noted Hogan. “It is the type of offence where a drunken person took advantage of another person who … had also taken a certain amount of drink”, opined the judge. The woman, who has since left the country, told in her victim impact statement how she now suffers with depression and has difficulties with intimacy.
Judge Carroll Moran
- Martin Quigley, a businessman, dragged a teenager into a spare bedroom of a Killarney B&B in the middle of the night and sexually assaulted her. He was handed a suspended sentence at the Circuit Criminal Court in Tralee by in April 2014. While there was a degree of violence involved, according to Judge Moran, all of the touching was outside her clothes. Early admission by the man and the guilty plea to the sex assault charge which secured the conviction and spared the victim from going through a trial was taken into account. Quigley had apparently also suffered adverse publicity, which had an adverse effect on him and on his business.
Justice Patrick McCarthy
- On July 13th, 2015, McCarthy suspended a seven-year sentence to Magnus Meyer Hustveit, who confessed to raping and sexually assaulting his partner up to 10 times while she slept, saying he had to consider the fact that had Hustveit not confessed his crimes, there would be no case. Incidentally Hustveit initially confessed not to the authorities, but to his former partner, in an email exchange. His words: “I convinced myself it was a victimless crime because you were asleep”. The victim of his crime suffered from PTSD, anxiety and eating disorders, and attempted suicide. During the trial, an incident of childhood sexual abuse was suggested by the perpetator’s defence as a contributory factor to her psychological problems.
- The DPP sought a review of this sentence on grounds of undue lenience, and on 15 March 2016 Hustveit was senentced to 15 months imprisonment by Mr Justice George Birmingham. Birmingham said in his judgement that it was not in dispute that this was an unusual case, and “indeed an exceptional one”. A combination of a number of factors, he said, including Hustveit’s cooperation, voluntary return to Ireland from his native Norway to be charged, his previous good character, the positive life he was now leading in Norway “justified and required” a lesser sentence than would normally apply in cases of multiple rapes.
Judge Patrick McCartan
- On 6th March 2015, McCartan handed down a three-year suspended sentence to Liudas Vaisvilas after he sexually assaulted a young woman in Eddie Rocket’s diner on O’Connell Street. The assault took place shortly after he had been released from garda custody following the assault of another 19-year-old woman in Dublin Airport late at night. In the previous incident, the woman was waiting for a flight when he approached her, verbally harassed her and grabbed her between her legs. When she tried to get away, he followed her and rugby -tackled her, pinning her to the ground and putting his hand between her legs. McCartan had previously directed that Vaisvilas undergo a psychiatric assessment which concluded he had been in “a temporary state of mind” following a spate of bereavements and extreme tiredness.
Justice Paul Carney (1943-2015)
- In what was one of the most high-profile sentencing stories of 2012, Patrick O’Brien, father of Wicklow woman Fiona Doyle, who had subjected her to a ten-year ordeal of sexual abuse starting when she was just four years old, was released on bail by the late Justice Paul Carney after being found guilty of 16 charges of rape and indecent assault. After a public outcry, during which Fiona waived her right to anonymity and met with Taoiseach Enda Kenny to discuss her 20 year struggle for justice and her personal experience of the treatment of survivors of assault in the court system, the decision was reversed, and bail was revoked. O’Brien was jailed for 12 years – with nine of those suspended. Fiona called the original decision “utterly heartbreaking”, and backed the Law Reform Commission’s recommendation that mandatory minimum sentences be applied for rape. One might argue that even the sentence itself was unduly lenient.
- In February 2013, a 49 year-old Tipperary man convicted of sexually assaulting a 15 year-old girl after supplying her with alcohol was handed a three-year prison sentence by Carney – with the final year suspended. Carney noted the man’s “previous good character” and his “strong work ethic”.
- Indeed, Justice Carney had long-standing form in this regard, having back in 2007 handed convicted rapist Adam Keane a three-year suspended sentence for rape, citing the rapist’s previous good record and the fact that he came from a good home. Keane flicked a cigarette at his victim when leaving the court in what was described as a “triumphalist gesture”. She waived her right to anonymity, and after an appeal from the DPP, Keane’s sentence was subsequently increased to ten years by the Court of Criminal Appeal (with the last three suspended).
- Carney was again involved in the case of John Daly, when in 2000, he was sentenced to three years in prison with one year suspended for attempted rape and aggravated sexual assault charges. The sentence was successfully appealed by the DPP on the grounds of undue leniency and increased to six years. Daly, had previously pleaded guilty to attempted rape and indecent assault on two young girls in the early 80s, and aggravated sexual assault on a 62 year-old woman in the 90s. In October 2011, Daly boarded a Luas bound for a Rihanna concert, with the intention of molesting young girls for his sexual satisfaction. In April 2014, Judge Mary Ellen Ring sentenced Daly to four years in prison for this crime, but suspended the last two years. One of his victims said that as a result of the assault she felt uncomfortable meeting strangers on public transport, and is generally more afraid.
- Carney was once again involved when on 1st December 2014, the Court of Appeal maintained that an eight-year sentence imposed by the judge upon a man for repeatedly raping a neighbour’s young daughter for over three years was too lenient. The abuse began when the child was just five years of age and involved violent acts of depravity “amounting to torture”. The child’s parents had also been abusing her and have since been charged. Carney had sentenced the man to eight years’ imprisonment for each of the 15 counts of rape, and five years for each of the five counts of sexual assault – to run concurrently. Justice Seamus Ryan deemed the sentencing unduly lenient, and a new sentence hearing was due to take place early in 2015.
Judge Rory McCabe
- Despite referring to a series of incidents where a 48-year old man sexually assaulted a 17 year-old girl as “frightening, deliberate, sustained, unsolicited and uninvited”, Judge McCabe saw fit to adjourn his case for a year so that the conduct of the perpetrator could be assessed in the meantime. John Ring, of Castlebar, Co. Mayo targeted the girl, who was working alone at her workplace and was assaulting her until another customer interrupted them. He later followed her in his van, handing her his number on a piece of paper telling her to give him a call. Later that day, he returned to the store, winked at her and stuck out his tongue. After the incident, the court heard, the girl was nervous around strangers and afraid to walk down her road alone. Jim Ring arrived to court with €2,000 in compensation for his victim.
At its core, victim blaming could stem from a combination of failure to empathize with victims and a fear reaction triggered by the human drive for self-preservation. That fear reaction, in particular, can be a difficult one for some people to control. Retraining this instinct is possible — it just isn’t easy. Hamby and Gilin both emphasize the importance of empathy training and openness to seeing (or at least trying to see) the world from perspectives other than one’s own, which helps people avoid falling into the trap of speculating about what a victim could have done differently to avoid the crime.”