Three young men who drove a vulnerable teenager to an isolated beach and took turns gang raping her have been jailed for between nine and 10 years.
Scenes erupted in the Central Criminal Court in Dublin on Friday after Mr Justice David Keane imposed sentences of nine years, nine and a half years and 10 years on Dion Genockey (24), Troy Ryan (24) and Daryl Rooney (25) respectively.
The men’s supporters were ushered out of court by gardaí, crying and shouting “miscarriage of justice” and “they’re innocent” after the sentences were handed down.
The three men were 17 and 18 years old when they drove the then 18-year-old teenager to Dollymount Strand six years ago, where they took turns raping her.
The court heard that after she was raped by the three men, the woman was told to get into a second car which had arrived at the scene. Two more men from that car then raped her, before leaving her on the beach. These men are not before the court.
Genockey of Clarion Quay Apartments, Rooney of Railway Street and Ryan of Lower Gardiner Street, all in Dublin city center, were convicted of raping the woman at Bull Island, Dollymount, Dublin, on January 5, 2016, following a second trial at the Central Criminal Court in March this year. The jury in the first trial, which was held in 2020, was unable to reach a verdict.
The court heard none of the men accept the verdict of the jury and maintain their innocence. They have been in custody since the guilty verdicts were handed down last April. The court heard the men all have partners who support them.
Passing sentence on Friday, Mr Keane noted the men subjected the victim to “degradation of a high degree” when they each raped her in Genockey’s car. He noted she was a vulnerable young woman who had experienced a difficult childhood. He noted they then drove off and left her, exposing her to risk.
The complainant listened to the proceedings via video-link.
Life on hold
In her victim impact statement which was previously read out to court, she said her life has been on hold for the last six years. “I have been waiting fearfully for the day they would get away with the pain and trauma they caused me,” she said. “I never felt like me again after they raped me and left me scared for my safety.”
The woman said she had to go through two trials where she was cross-examined “for days on end” and “cruelly questioned” about her past and her childhood, much of which was spent in care. “I did not feel like the victim,” she said.
“My mental health has suffered so much since they gang raped me,” she said. She told the court she has struggled with drug addiction and she will never get these years back.
“I fought hard to get justice,” she said. “I didn’t give up. I didn’t give up when I was threatened. I fought back. I fought back to get justice for me and for the safety of other women.”
The woman concluded her statement by saying she hopes the three men “pay for the pain, trauma and loss they cost me on that night”.
Mr Justice Keane offered his sympathy to the young woman and told her he hoped she could draw strength from the jury’s “unequivocal support” of her testimony.
Sentencing the three men, Mr Justice Keane noted that the offence fell into the more serious category. He said none of the men had expressed remorse for their actions. Taking into account the fact that two of them were 17 at the time of the offence and Rooney had just turned 18 and had a mild intellectual disability, the judge said he would sentence all three of them as juveniles.
Sentencing Rooney to 10 years, Mr Justice Keane took into account a number of aggravating factors, including the fact he has 225 previous convictions for violent disorder, drugs, public order offences, trespass, theft and road traffic matters.
In his plea of mitigation, Dominic McGinn SC, defending Rooney, said that since serving a prison sentence for prior offences and since becoming a father, Rooney has resolved to put his “petty offending, violence and drug use” behind him. He said sexual offending was completely out of character for Rooney.
Sentencing Ryan to nine-and-a-half years, Mr Justice Keane noted he has 24 previous offences, including theft and drugs.
Mark Nicholas SC, defending Ryan, said he has matured in the last six years since the offence. Although he maintains he did not commit a crime, he is “reconsidering whether consent was given”, the court heard. He was a “17-year-old immature person” at the time, Mr Nicholas said, but now has empathy for the victim and her difficult background.
Sentencing Genockey to nine years, Mr Justice Keane noted he has no previous convictions.
Conor Devally SC, defending Genockey, previously told the court that he set up his own bike repair shop business with the help of his parents. He has no previous convictions. Mr Devally said the deprivation of liberty was painful for Genockey, who has a child with his current partner.
Although Genockey has found it difficult to accept his status as a sex offender, he is open to getting treatment in prison and has been found to be at a low risk of reoffending, the court heard.
Mr Justice Keane declined to suspend any portion of the sentence, given the fact none of the men have accepted responsibility for their actions. He placed them all under the supervision of the Probation Service for two years post-release.
He granted leave to extend legal aid in the event of an appeal.
A large number of family members and supporters of the men were inside and outside the court room for the sentencing. A number of them started crying as the sentence was handed down and some started shouting after the judge rose.