This article contains references to sexual abuse, sexual assault, and rape. Reader discretion is advised.
By Claire Henry
A victim of sexual abuse almost 20 years ago has told a court that his abuser has “haunted my every living moment.”
The Central Criminal Court heard that Anthony Lynch (75), formerly of Rathsallagh Park, Shankill Road, Dublin, was found guilty by a jury of anal rape, oral rape and two counts of sexual assault on dates between 2004 and 2007 at the above address.
Mr Daniel Cashen has waived his right to anonymity in order to name Lynch.
Lynch has numerous previous convictions, which include offending of a similar nature. He is currently serving a prison sentence and had been due to be released in 2030.
Mr Cashen said in a victim impact statement that he is “unable to trust people and has no close friends because of trust issues.”
He said, “This is a hard letter to write as it opens up old wounds that I had blocked out with drink and drugs”. He outlined that he had developed a “massive” drug and drink addiction as a result of what had happened to him.
He described how Lynch has “haunted my every living moment” and that “I am struggling to this day”.
Passing sentence, Judge Tony Hunt said he would deal with the sentencing of each count as a global sentence and that this sentence must run consecutively to his current sentence.
Judge Hunt agreed with the Director of Public Prosecutions that this offending was in the mid-range, carrying a headline sentence of 10 to 15 years. The judge said the anal rape was “humiliating,” and he noted the age disparity between the two.
The judge said, “I am aware of the effect this offending has had on Mr Cashen” and “there has to be substance to Mr Cashen’s view that the woes in his life can be attributed to this offending”.
He said, “Anyone at a young age who is subjected to sexual abuse is going to suffer significant consequences.”
Judge Hunt set a global headline sentence of 12 years for each count. He said that as this sentence is to run consecutively to his current sentence, “I must step back and evaluate the totality of sentencing.” He said there is no guilty plea, so there is a loss of mitigation. He considered Lynch’s age, his medical conditions, and his current lengthy prison sentence as mitigating factors.
Judge Hunt sentenced Lynch to a global sentence of three years which will run consecutively with his current sentence giving him a release date of 2033. He also ordered Lynch to be placed under the supervision of Probation Services for two years post-release.
Garda Sergeant Lee Kelly told Paul Greene, SC, prosecuting, that Lynch and Mr Cashen lived locally to each other. On one occasion, Mr Cashen, who was then 12-years-old, went to Lynch’s house. He was given crisps and bars. Lynch started to rub his leg and touched his penis with his hand. Lynch then performed oral sex and anally raped Mr Cashen.
The court heard that there was then a break in contact until 2007. Once again, in Lynch’s home, he performed oral sex and touched the boy’s penis with his hand. He then anally raped Mr Cashen.
Gda Sgt Kelly told the court that Mr Cashen made a complaint to the gardai, and Lynch was spoken to. He denied all allegations of rape and sexual assault but engaged with the gardai.
Gda Sgt Kelly agreed with Paul Murray SC, defending, that his client had been assaulted in the past and that his home was also attacked.
The garda agreed with counsel that it would not be advisable for his client to return to his previous address in the future.
Mr Murray said his client is not accepting or acknowledging guilt.
Counsel said his client had a good work history in the past. Reports were handed into the court, which outlined the various medical issues Lynch has, which include a mild cognitive impairment.
A letter from the Simon Community and a governor’s report were also given to the court.
He asked the court to take into account that this client has only had one visitor since he went into custody years ago.