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Dublin: 11 °C Wednesday 22 May, 2013

‘Unusual sentence’ for sex offender raises doubts about system’s fairness

Anthony Lyons had five-and-a-half years of his six-year sentence suspended after being found guilty of sexually attacking a woman in Dublin two years ago.

Businessman Anthony Lyons (right with sunglasses) in court last June.
Businessman Anthony Lyons (right with sunglasses) in court last June.
Image: Laura Hutton / Photocall Ireland

RAPE CRISIS GROUPS have said that the six-month custodial sentence handed down to a sex offender yesterday raises questions about the fairness of the criminal justice system.

Businessman Anthony Lyons had five-and-a-half years of his six-year sentence suspended by Justice Desmond Hogan after being found guilty of sexually attacking a woman near Griffith Avenue in Dublin two years ago.

The judge also ordered the 51-year-old to pay €75,000 in compensation to the victim.

Speaking to Joe Duffy on Liveline after court proceedings, the victim’s aunt Susan said her niece was “so upset” in court. She explained that the idea of compensation in lieu of a harsher sentence had been rejected and that the family were “horrified” by the outcome.

“We thought he was going to prison for six years,” she said. “She doesn’t want money. She never did.”

Dublin Rape Crisis Centre chief executive Ellen O’Malley-Dunlop had a mixed reaction to the case, which her organisation was not directly involved with.

“I would call the sentence unusual,” she said in an interview with TheJournal.ie today. “The six years is not lenient – it is indicative of the seriousness of the crime. But getting him to pay the compensation and suspend the jail time questions the fairness of the system because a resourced person can avoid a custodial sentence by the provision of a large sum of money.”

That option is not open to everyone, she added.

Although he admitted to the attack, Lyons had pleaded not guilty to the charges, mounting a defence on the basis that his actions were a result of a heady mixture of medication and alcohol. As a result, there were eight days of court proceedings before the jury found the aviation broker guilty.

O’Malley-Dunlop commended the victim’s courage in going through the process and taking the stand to give evidence in court. “I don’t think you can every say how much compensation is enough – it’s not about the sentence or money,” she continued. “Many of the people we work with say it is about confronting the person and having him found guilty.”

The sentence can be appealed by the Office of the Director of Public Prosecutions (DPP) but no indication of any such decision has been made.

The Dublin Rape Crisis Centre has experienced a spike in calls since the sentence was reported yesterday afternoon. O’Malley-Dunlop said people wanted to talk about past experiences, as well as register their upset at yesterday’s judgement.

Dublin Rape Crisis Centre runs a 24-hour freephone helpline on 1800 77 88 88.

More: Irish courts heard 80 rape, 39 murder cases last year>

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Comments (75 Comments)

  • Cant buy me love… can buy freedom though.

  • what a disgrace and an insult to the victim after going through court proceedings and having to face the person who made her feel so vulnerable. this will surely put others off of bringing their attacker to court. its outrageous that Ireland has such lenient sentencing.

  • Incredibly lenient punishment for an absolutely grotesque crime.

  • Think it adds insult to injury to offer money to someone assaulted in this manner . It’s disgraceful .

    • I have to disagree, all victims should be compensated by the person convicted for the crime against them. Not in lieu of a prision sentance but as an add on. nMost criminals feel a hit to the pocket just as much as a time locked away. nI know in this case the man wax wealthy but if he had to pay up on top of a real six year jail term at least the victim might be able to recover a little easier with the money.

    • @Chris your comment highlights your ignorance and total lack of compassion for the victim.
      If you were violated on your way home from a night out I am sure you would prefer for your attacker to serve time in prison in lieu of a retribution? I bet you would now kindly stop talking out of your hole cheers

    • Tom L 31/07/12 #

      @Maire , try reading what Chris said before passing comment ?

    • reds 31/07/12 #

      @maire-classic example of people being ignorant and not reading the full comment

  • One country for the wealthy and another for the poor, and us idiotics on the thread mill in the middle working like pit ponies to keep the whole charade going. Society my arse!

  • I thought 6 years was too light – let alone 6 months!!

  • Leave him serve his five months . In mountjoy in with the general population see what he thinks about sexual assault then

    • He’ll probably do a day in the prison and then go to the training unit.

    • Rocco 31/07/12 #

      He says he was out of his head on drink and drugs. It’s not as though he’s a threat again once he stays off the sauce.

    • @Rocco. He said his colesterol medication made him get a “crazy urge” to attack her. And it doesnt matter anyway his reasons, look up the case and tell me if a female member of your family was attacked like that, would you be happy with this sentence??

    • @Rocco, he blamed his assault on a mix of cough bottle and cholesterol tablets, which we all know, when they’re mixed together do….. Nothing! This is just another rich old Irish man who can get away with whatever he likes, and blame cod nonsense in his defence. The judge is wrong in saying he won’t reoffend, he’s exactly the type of person who would reoffend, cos he and his ilk know the laws of the land don’t apply to them. It sends a message to other monied individuals that no crime is beyond getting away with, and sends the message to women who are attacked….”Report it? Why bother”

    • It’s not just wealthy assailants who get away with rape, though. While this particular defendant was able to buy his way out of it, I do think that this is part of a larger problem with how seriously society views sexual assault and low sentencing for rapists.

    • @ Nick point taken, but if he didn’t have 75 grand he would have gotten a larger sentence, while some other attempted rapist with no money could serve a longer sentance, this judge seems to think wealth and money = morality an good standing. i’m simply pointing out the specifics of this case, how our two tiered society and justice system works and this judgements unfairness. this is a republic not a plutocracy, the rich shouldn’t be allowed to buy their way to freedom freedom.

    • My partner takes cholesterol medication and other cardiac drugs, has done for years since having a stent placed. He occasionally takes cough medication or other over the shelf products. We are always careful to ask about any possible interactions or contraindications when he takes any over the shelf medicines with his heart medication. None with cough medicine.

      Total red herring and if anything flying something like that to try and get himself off should have led to a more severe sentence than if he had pleaded guilty.

  • If he came from a different social background I bet he’d be serving near the maxmum sentence. Some of the comments made by the judge yesterday were just sickening.

  • Tom 31/07/12 #

    Are you only realising that money and social status means you have the freedom if the country! It allows you to do things that others who are not in your position would “be made an example of”. Let’s not be naive, Ireland is a country with two sets of rules and regulations and unfortunately no matter what government comes into power with empty promises, they all succumb to the ways of the land.

  • This is Ireland. Money talks in any language and in any circumstance. Social/moral justice don’t exist here or in most western “civil”isations.

    Most people will have their own views on this case, but what I always try and do is ask myself “what if that was my daughter/sister/mother”. How would I feel? I know I wouldn’t be satisfied with the ridiculous outcome , that’s for sure.

  • The courts hand out harsher sentences for crimes against property than they do for crimes against people. That’s because Judges are wealthy and never themselves encounter violent crime.

    • I disagree with that actually, because rape is something which affects people of all social strata. Rape is normally committed by partners. While you may be making a point about violent crime generally, I totally disagree with your insinuation that rape doesn’t happen to wealthy people.

    • Sooty nick but I don’t remember hearing of any of our judges becoming the victim of a rape. While rape maybe classless in general our legal and political leaders are far removed from most violent crime that can occur to the majority of us any day on the streets of Ireland.

    • But the majority of rapes go unreported. While rape is violent, it’s often the kind of crime that happens in bedrooms, behind closed doors, where no one knows about. Most rape is not happening on the streets in Ireland.

      Again, while there’s a valid point about judges not encountering violent crime, rape is a crime that happens to a LOT more people than you would think, of all economic backgrounds and the majority of rapists are partners.

  • It costs over €90,000 per annum to keep a prisoner in Mountjoy. 6 years would cost the state (us) well over €500,000.
    Here’s another idea: why not jail him for 6 years as a punishment and to prevent him from repeating his horrible offence in the near future, AND fine him €500,000 to recompense us for the cost of his prison stay.
    If realistic fines were imposed along with prison sentences, big time career criminals and white collar criminals might have a little more respect for the law.

  • Eoin the message to victims is as usual just hope that if something happens you that it is by someone of a lower social standing than yourself or they’ll walk free! Does the Judge have to rationalise this disgraceful sentence or are they free to do as they please?

    • Judge doesn’t have to rationalize as he/she will still have a (highly paid) job in the morning and probably doesn’t care about what messages are being sent by the sentence.

  • money talks and an arsehole walks free

    • He is not free, he is ruined: loss of freedom, loss of reputation, livelihood, wife, family, friends, money, happiness. Is he ruined enough? I doubt it, even if his Lordship doesn’t. And his payment (amount) sucks.

  • Appeal Appeal Appeal.

    • @Tom McCarthy

      Agree! She has to. For justice, for women, children and men that are raped. Use his filthy ‘bribe’ money for the appeal.

      25 years hard labour, and a huge amount of compensation for councilling, loss of earnings for as long as is needed. His company to be sold and funds given to charities.

    • Did the victim not have to agree to accept the compensation before the judge could take it into account? And did the victim not know (can any legal eagle fill me in here?) in advance and in detail, that he would not have to serve the time a less moneyed perpetrator would have to?

      My hunch is she did in fact agree to this deal. The inference is the victim, judge, DPP, Perpretrator were all in on it. A sagacious lady I know says she accepted far too little. Maybe a million would be OK?

      Funny thing is the immediate cast do not seem to see it the way the majority of commenters here do.

      Personally I think she should have held out for a lot more. Think about it from her point of view, she gets a chunk of money to pay a mortgage or whatever, and rationalises it: that the money’s better than the pleasure of seeing him in some easy jail regime, safe away from those that would pay him back in kind for what he put her through, many times even. Or maybe I’m reading it too much like an American jail scenario, maybe our thugs are less vindictive than in the USA.

      And then it all unravels if he’s caught doing the same to another innocent.

    • No, she didn’t necessarily have to agree to it.
      Rape is a criminal offence, so proceedings are brought by the State. It is The People (DPP) v Lyons. Technically speaking, the victim is not a party to the case: she is just a witness.
      A Criminal case is different from where one person sues another in a Civil case.

    • john i know that personally i would view the compensation as dirty money and would not wish to receive any amount of payment as compensation for someone ruining my life in so many ways. i can’t speak for this woman but judging from the article it seems she did not agree to compensation. the state (DPP) would have taken this man to court and therefore would have agreed to accept compensation.

  • Sentencing in Ireland is farce. No one in their right mind could stand over them. It is really disheartening.

  • Who on earth approved a constitution that basically lets judges do what they like? It’s time this nonsense was dealt with! I just couldn’t see this happening anywhere else!

    • But the constitutional convention has far more pressing issues to be considering like reducing the presidential term of office, lowering the voting age etc. !

    • Ah in fairness it usually works well. They can’t do whatever they like – there are sentencing limits and guidelines, and judges have a lot of discretion within those guidelines. Sentences can be appealed to a higher court so one single judge doesn’t necessarily have the final say.

      However, being able to avail of a more lenient sentence by paying compensation is inherently unfair. It happened in the Paul Allen case a few years ago too. It should not be permitted.

  • It’s a total disgrace that anyone can get away with such a crime as rape just because he has the money for an insult of compensation” there’s no money that would cause her to forget the fear and the indignity of his cowardly attack on this poor woman’ he should get the maximum sentence allowed’ and the judge should be his cell mate…

  • 1 word “Disgrace!”

  • Absolutely disgraceful sentence. Any chance of a national petition to voice our disgust with the relevant authorities? And to show our support to the girl and family.

  • The judge needs locking up…what a message to send out…an absolute disgrace

  • the irish justice system doesn’t just need reforming, it needs a kick up the arse bishop brennan style to bring it into the real world cos it seems if your rich and powerful in this country with connections you can own the justice system sure we give filthy murders,rapists,drug dealers and white collar criminals free legal aid and they then can somehow manage to get light sentences, but low and behold if your caught failing to pay a tv licence on time or a fine or importing garlic well jaysus theres no chance of getting off early you will serve a full sentence. This case has really proven that money talks and shows exactly why the ordinary people have no faith anymore in the powers that be in this country, phil hogan is wondering why people will risk jail over household charges…….well hogan maybe you and alan shithead shatter shud ask the courts why cases like this end they way they did

    • That man wasn’t arrested for “importing garlic”. He was arrested for €1,600,000-worth of tax fraud. He a white collar criminal.
      If you get caught failing to pay a TV licence you can get off without a sentence by paying a fine.

      The problem here is that Lyons was effectively able to “buy” his way out of a longer sentence.

      I do agree with you in principle – one should not be able to “buy” one’s way out of a harsh sentence for a criminal offence by paying compensation.

  • I’m quite shocked to read about this. I live in an Asian nation where it is all too common for the rich to avoid any arrest or prosecution. Rape victims are often either paid off with a few hundred dollars or “allowed” to marry the rapists in order to avoid “dishonor”. The fact that this particular individual has a clean criminal record and is unlikely to re-offend is irrelevant, what the point really is is that he did actually commit this offence and should be sentenced accordingly.

  • In a country that has been ravaged by the greed and poor decisions of some wealthy individuals, this is yet another example of the inequalities that still exist in our society. What sort of a message is this sending?
    A large part of the reason we are in so much economic trouble is because people with money and power abused their position and the ordinary citizen is paying for their mistakes. Despite this, it would appear that preferential treatment is still available for the wealthy. As I understand it the victim did not specify that a financial compensation was more preferable yet the Judge decided to impose a financial penalty as the main form of punishment anyway. In my opinion the victim should have been compensated AND a far longer custodial sentence should have been imposed.
    This is effectively putting a price on a crime. €75,000 for a sexual assault seems the going rate.

    • I suppose a civil compensation case is out of the question? Did that not happen to some IRA types let off in the criminal courts up north? I think a typical rape, if there is such a thing, would be worth a lot more than €75k.

  • If Irish justice fails, which it quite clearly has in this case, then it should be taken to Europe and the Judge that handed down the ridiculous sentence should be given a black mark against his name, three of these black marks should lead to demotion. Again, no accountability among the elite.

  • Outrageous! Only in Ireland.

  • So is this a case in saying if you have the money you can do as you please??? So sickened for that poor girl..

  • But getting him to pay the compensation and suspend the jail time questions the fairness of the system because a resourced person can avoid a custodial sentence by the provision of a large sum of money.”
    – right – which translates horrifyingly as ‘the rich are free to buy rape experiences’. Scary.

  • This really sickens me, it’s a disgrace!!

  • god forbid justice Hogan (above judge) is ever on the receiving end of a hiding! totally out of sync with modern times aswell as arcaic laws, unless your a garlic smuggler of course. kip of a nation we live in!

  • Another thought. Even if he served the full six years it’s still too lenient after what he put that woman through, at the time he committed the crime and during the trial.

  • Ireland is financially,politically,religiously and morally corrupt.This country is doomed and it’s the children I feel sorry for!!!

  • Investigate the sentence giver

    • I am a long believer in the do-gooder who lets a criminal free by either early release or a slap on the wrist sentance like this one and then the criminal commits another crime while he should have been locked up is held partially responsible.

  • Disgraceful sentence.

  • This sentence sends ALL the wrong messages.
    Where’s the element of punishment? How is six months long enough for the offender to address his crime and reform? What is it saying to the victim, who must surely feel insulted by the court as well as the attacker?
    And how does it make any other victims of such crime feel?
    By the appearance of this example, it’s a disgrace. An appeal should be welcome.

  • This sentence should & must be over turned.

  • They give people with bad debts longer sentences. oops let me rephrase rephrase that, they give Poor people and the normal working man and woman longer sentences for bad debts. They give the elite big fat golden handshakes for stealing millions and putting our country in debt for generations.
    There is no justice left in Ireland. Is this really what our brave forefathers and mother’s fought for? I don’t get how such a wonderful proud nation filled with intelligent people can slip the way Ireland has.
    We need to make a stand and take our country back from the elite and political class who are bleeding us dry both financially and morally.

  • Wonder if they’re waiting to see what public opinion is before deciding to appeal?
    Well my opinion is that this sentence is disgusting.
    There should be some way of disciplining the judge as well.

  • “A former barrister has been sentenced to three years in prison for leaving more than 120 “creepy” and “sexually intimidating” voicemail messages on a younger colleague’s mobile phone.”

    http://www.rte.ie/news/2012/0725/barrister-court.html

    Bizarre.

  • All of this on the day that another man gets a suspended sentence for assaulting 3 women (despite having a previous assault conviction) and the chief suspect in the syringe attack in a Spar shop in town is also the chief suspect in a hit and run in Cabra last year.

  • what a corrupt pigsty we endure…………………….

  • Everybody who is concerned with this issue should read the D.P.P. -v- Drought.

    Mr Justice Charleton included in his judgement a survey of sentences imposed in rape trials over a number of years –
    http://www.courts.ie/Judgments.nsf/bce24a8184816f1580256ef30048ca50/65d3c1334157096380257367003bbfff?OpenDocument

  • Appeal Appeal Appeal this is wrong

  • …and what kind of message is this sending to other upper class idiots that can afford to buy their way out of jail time…let alone the message it sends to the victims!

  • If over-crowding in prisons are a reason for these sentences, why cant they change the laws for the Army to take non-violent offenders into boot-camp. It will be training for the Army, discipline for the offender. Allow prison officers deal with violent and dangerous criminal, the army deal with debt defaulters, fine non-payment, etc.!