A 17-year-old Dublin youth, who raped a 50-year-old man, has received a three year suspended sentence at the Central Criminal Court.
Gary Davis, of Kenilworth Lane, Rathmines pleaded guilty to raping the 50-year-old man at Dominick Street Flats, on November 12th, 2001.
Davis - who was 15 at the time - 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 intoxicated at the time, had called 999 but had been unable to give gardai details of the rape until the following morning. He told them Davis had also taken a gold chain around his neck.
Gardai arrested Davis shortly afterwards, having found the victim's gold chain on his person. He was arrested on rape charges on the following day when the victim made a detailed statement. A subsequent medical examination also confirmed that he had been sexually assaulted.
Davis was genuinely remorseful about his offence and had pleaded guilty at the earliest opportunity.
Mr Justice Carney also took into account the age gap between Davis and his victim. "The victim was 25 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 stated 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.
Mr Justice Carney noted that the Court of Criminal Appeal judgement had stated that a custodial sentence is not mandatory unless so specified by statute, which is not the case in rape offences.
"Therefore, there are exceptional features in this case that would justify a non-custodial sentence," Mr Justice Carney said.
He certified Davis as a sex offender and directed that he remain under supervision of the probation and welfare services according to the conditions imposed on the suspension of the sentence.
Davis's 50-year-old victim, who was in court for the sentence hearing, sat quitely in court with his head in his hands as the sentence was delivered.