GERRY BROUGHAN FROM RATHANGAN SENTENCED FOR ABUSE OF 14-YEAR-OLD GIRL IN KILDARE - JAIL TERM SUSPENDED ON APPEAL
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Rathangan Sexual Abuser
In a recent development in a disturbing case originating from Co. Kildare, Gerry Broughan, a 42-year-old man from Rathangan, has seen the final year of his prison sentence suspended following an appeal. The case involves the serious sexual abuse of a 14-year-old girl, who was sleeping over at her friend’s house during the incident.
Gerry Broughan had previously pleaded guilty to five counts at Naas Circuit Criminal Court, which included charges of defilement of a child and sexual assault. The offences took place in Co. Kildare during January and February of 2014. Judge Michael O’Shea had sentenced him to an effective eight-year prison term on December 4, 2015, reflecting the gravity of his crimes.
However, on Friday, May 26, the Court of Appeal decided to suspend the final 12 months of Broughan’s sentence. The court’s decision was influenced by the fact that Broughan’s early guilty plea was deemed a significant mitigating factor, which was explicitly considered during sentencing. Mr. Justice George Birmingham, delivering the judgment, explained that Broughan, who was 38 at the time of the offences, was involved in a relationship with a woman whose daughter was the victim’s school friend.
The incident occurred when the young girl was at her friend’s house for a sleepover. The court heard that initial contact between Broughan and the victim was made through Facebook, where some messages were described as suggestive. The situation escalated over time, culminating in the events of late January or early February 2014, when the girl was staying at her friend’s house.
On that particular night, Broughan’s partner was away at work. When the girl went upstairs to charge her phone, Broughan entered her room without permission. The court described the impact of the abuse on the victim as “catastrophic,” especially considering she has Asperger’s Syndrome, which made her particularly vulnerable.
The sentencing judge criticized the nature of the offences, describing them as “disgusting, denigrating, repulsive, horrific, shocking and humiliating.” These remarks drew criticism from the defense, with Karl Monahn BL arguing that such language suggested the judge was not approaching the case with complete objectivity. Nonetheless, Mr. Justice Birmingham emphasized the seriousness of the crimes, highlighting the significant age difference, the grooming process involved, and the fact that Broughan engaged in sexual intercourse without a condom despite the known risks, including pregnancy.
The court acknowledged that the case warranted a substantial sentence, but also recognized the early guilty plea as a factor that could have influenced the final judgment. The plea was made early enough to avoid transferring the case “off circuit” or to Dublin, which was considered a positive aspect. Consequently, the court decided to suspend the last year of Broughan’s sentence, with the understanding that he will be subject to three years of post-release supervision, which remains in effect.
This case underscores the severity of sexual offences against minors and the importance of judicial discretion in sentencing, especially when early guilty pleas are involved. The decision to suspend part of Broughan’s sentence reflects a nuanced approach, balancing the seriousness of the crimes with considerations of remorse and cooperation during the legal process.
Gerry Broughan had previously pleaded guilty to five counts at Naas Circuit Criminal Court, which included charges of defilement of a child and sexual assault. The offences took place in Co. Kildare during January and February of 2014. Judge Michael O’Shea had sentenced him to an effective eight-year prison term on December 4, 2015, reflecting the gravity of his crimes.
However, on Friday, May 26, the Court of Appeal decided to suspend the final 12 months of Broughan’s sentence. The court’s decision was influenced by the fact that Broughan’s early guilty plea was deemed a significant mitigating factor, which was explicitly considered during sentencing. Mr. Justice George Birmingham, delivering the judgment, explained that Broughan, who was 38 at the time of the offences, was involved in a relationship with a woman whose daughter was the victim’s school friend.
The incident occurred when the young girl was at her friend’s house for a sleepover. The court heard that initial contact between Broughan and the victim was made through Facebook, where some messages were described as suggestive. The situation escalated over time, culminating in the events of late January or early February 2014, when the girl was staying at her friend’s house.
On that particular night, Broughan’s partner was away at work. When the girl went upstairs to charge her phone, Broughan entered her room without permission. The court described the impact of the abuse on the victim as “catastrophic,” especially considering she has Asperger’s Syndrome, which made her particularly vulnerable.
The sentencing judge criticized the nature of the offences, describing them as “disgusting, denigrating, repulsive, horrific, shocking and humiliating.” These remarks drew criticism from the defense, with Karl Monahn BL arguing that such language suggested the judge was not approaching the case with complete objectivity. Nonetheless, Mr. Justice Birmingham emphasized the seriousness of the crimes, highlighting the significant age difference, the grooming process involved, and the fact that Broughan engaged in sexual intercourse without a condom despite the known risks, including pregnancy.
The court acknowledged that the case warranted a substantial sentence, but also recognized the early guilty plea as a factor that could have influenced the final judgment. The plea was made early enough to avoid transferring the case “off circuit” or to Dublin, which was considered a positive aspect. Consequently, the court decided to suspend the last year of Broughan’s sentence, with the understanding that he will be subject to three years of post-release supervision, which remains in effect.
This case underscores the severity of sexual offences against minors and the importance of judicial discretion in sentencing, especially when early guilty pleas are involved. The decision to suspend part of Broughan’s sentence reflects a nuanced approach, balancing the seriousness of the crimes with considerations of remorse and cooperation during the legal process.