A Dublin teenager who raped a 50-year-old man after assaulting him in a car park has received a three-year suspended sentence at the Central Criminal Court.
The judge said there were special features to the case which justified a non-custodial sentence.
Gary Davis (17), of Kenilworth Lane, Rathmines, pleaded guilty to buggering the 50-year-old victim at Dominick Street Flats, Dominick Street, on November 12th, 2001.
Garda Anthony Collins said Davis raped the man in a car park after assaulting him and knocking him to the ground between two large containers in the area.
Davis had been drinking in a flat with the victim and another man on the evening of November 11th, 2001. When the victim left to go home in the early hours of the morning, Davis left with him.
The victim, who was very drunk at the time, had called 999 but had been unable to give gardaí details of the rape until the following morning.
He told them Davis had also taken a gold chain from around his neck.
Gardaí arrested Davis shortly afterwards, having found the victim's gold chain on him. He was arrested on rape charges the following day when the victim made a detailed statement.
A subsequent medical examination also confirmed that the victim had been raped.
Mr Justice Carney, who quoted at length from a Court of Criminal Appeal judgment of December 19th, 2002 (in the case of DPP v N.Y.), said that in seeking guidance from this judgment, he could see exceptional factors in this case that merited suspension of the sentence.
Davis was genuinely remorseful about his offence and had pleaded guilty at the earliest opportunity.
Mr Justice Carney noted, as submitted to court by Davis's counsel, Mr Martin Giblin SC, and supported by the Probation and Welfare Services report, that Davis had been at a difficult age at the time.
He had also been experiencing difficulties over his own sexual orientation. Mr Justice Carney also took into account the age gap between Davis and his victim. "The victim was 35 years older than the defendant. The victim is of a stocky built while the defendant appears to be a reedy young man." The probation officer's report also said that Davis, who has now come to terms with his own sexual orientation and is in a stable relationship, would benefit greatly from the current programmes he is on.
He also now receives the full support of his family, which had at first found his sexual orientation hard to accept and deal with.
Mr Justice Carney noted the Court of Criminal Appeal judgment had stated that a custodial sentence is not mandatory unless so specified by statute, which is not the case in rape offences.
He certified Davis as a sex offender and directed he remain under supervision of the probation and welfare services according to the conditions imposed on the suspension of the sentence.