Workplace & Public Sexual Offence Solicitor Ireland

If you are convicted of a sexual assault offence, or if you plead guilty to one, the next issue that arises is the sentence. We work with leading psychiatrists, addiction services and experienced barristers to ensure that if you are facing a sentencing hearing, you will receive the lowest possible sentence.

The maximum sentence for sexual assault is 10 years imprisonment, but this can be increased to 14 years if the victim is under the age of 17 years.

Aggravated sexual assault is a more serious offence, and involves sexual assault committed in conjunction with serious violence or the threat of serious violence. This can include the use of weapons, physical restraint or the threat of physical harm. The maximum penalty for aggravated sexual assault is life imprisonment.

In Ireland, sentencing for sexual assault can vary greatly depending on the circumstances of the case. The court will consider several factors when determining the appropriate sentence, including the level of violence used, the degree of harm caused to the victim, and any aggravating or mitigating circumstances present. Aggravating factors can lead to a longer sentence, whilst mitigating factors can reduce the sentence. Examples of these are set out below.

Mitigating factors in a sexual assault can lead to shorter sentences, these include:
a guilty plea;
an apology;
mental health issues;
having no previous convictions;
addiction issues.

Aggravating factors in a sexual assault can lead to longer sentences, these include:
abuse of trust by the person who committed the sexual assault;
abuse of a position of authority or a position of dominance in a family;
planning the offence;
the involvement of more than one offender;
tricking a victim into a position of vulnerability;
taking advantage of a difference in age.

Sentencing for sexual assault in Ireland is varied, and will depend on the circumstances of the case.

Examples of some sentencing in some recent sexual assault cases in Ireland are set out below:

Example 1:
A man received a two year suspended sentence where he had pleaded guilty to sexually assaulting his partner on a number of occasions whilst she slept. The fact that the sentence was wholly suspended meant that he was not imprisoned, although he was required to engage with the probation service for a period of two years. The man’s actions were that he kissed, fondled and touched his partner whilst she slept. It was also alleged that he touched the woman’s genital area outside her clothing, and rubbed against her whilst she slept. The man had admitted his actions to both Gardaí and the woman herself and had expressed remorse. He also had paid €7,500 to cover the cost of counselling sessions that she had availed of a result of the sexual assault. The man had no previous convictions.

Example 2:

A man was sentenced to six years and six months in prison for an aggravated sexual assault. He suspended the final six months for two years on strict conditions, including that he attend for any treatment as deemed appropriate by the Probation Service. The facts of the case were that the female victim had been out walking her dog on a dark evening around 6pm when she was pulled forcibly to the ground. He used a hat as a gag to prevent the woman crying out and used his knees to hold her down by her shoulders. He touched her vagina outside of her underwear. The accused also had a previous conviction for the rape of a 14-year-old.

Example 3:

A man who sexually assaulted a sleeping woman was given a three year sentence, with the final year and a half suspended. The victim was a tenant in the house where the assault had taken place and had been put to bed by another party as she had too much to drink. The woman later told gardaí she woke in the middle of the night and found the man in her bed, kissing her and with his hand down her underwear touching her vagina. The man had no previous convictions and had not come to Garda attention since this sexual assault.