Sex offender’s “actions and attitude are less than encouraging” judge says

By Claire Henry

A Central Criminal Court Judge has told a Dublin tattoo artist that “his actions and attitude are less than encouraging” after he was found guilty of sexual assault in 2016.

The court heard that Henrique Pereira (34) of Saint Patrick’s Road, Drumcondra, Dublin, was found guilty of sexual assault at an apartment on Phibsborough Road, Dublin, on October 19, 2016.

He has no previous convictions.

At a previous hearing, a victim impact statement was read to the court on behalf of the injured party in this case.

It outlined the flashbacks she has, which she described as “debilitating” and “vivid.”

She said, “The flashbacks were as vivid today as when they first happened.”

She outlined that the sexual assault happened while she was in college, and she tried to go to lectures, but would have to leave as she would start to cry.

She struggles with being in small spaces and said the assault has “made me feel very unwell and unsafe”.

Passing sentence yesterday, Ms Justice Mary Ellen Ring began by wishing the injured party in this case well in the future and that the conclusion of this case may now bring her some closure.

Ms Justice Ring said Pereira has no memory of meeting the injured party in this case and said, “it seems that he was engaging in a conveyor belt of dating at the time.”

She said Pereira “needs to understand that a woman is entitled to change their mind”.

The judge said, “The impact has been significant, and Pereira is responsible for that impact.”

She also noted that “his actions and attitude are less than encouraging”.

She set a headline sentence of three years and six months.

The judge noted that the mitigating factors in this case included his lack of a previous conviction in Ireland or any other jurisdiction.

She noted that he is a small business owner and has family obligations.

After considering the mitigating factors, Ms Justice Ring sentenced him to two and a half years in prison but suspended it in full for two and a half years.

She also placed Pereira under the supervision of the Probation Services for 18 months and told him that he must carry out all directions deemed necessary by his probation officer.

Garda Aoife Moroney told Conor Devally SC, prosecuting, that Pereira and the woman met on a dating website and arranged to meet at a restaurant in Dublin for a meal.

After the meal, they decided to go for a drink, and Pereira wanted to visit a certain pub, rather than one local to where they had just eaten.

While they were having a drink, they shared a kiss, and Pereira suggested they might have sexual intercourse later, but the injured party made it clear that this would not happen.

The court heard that the injured party declined an offer to go back to Pereira’s apartment.

He then stood in a doorway and opened a door.

A cat appeared, and the injured party stood in the doorway to stop the cat from getting out.

Pereira again invited her to come upstairs and she did but did not sit down or take her jacket off.

The woman was about to leave, but Pereira stopped her.

He kissed her, and she went down the stairs of his apartment to leave, but she was unable to open the front door.

Pereira then sexually assaulted the woman by touching her around her genital area.

She managed to push him away, and he stopped.

The woman maintained a “friendly manner” with Pereira out of fear, and he walked her to the bus stop, where she gave him the impression that they would meet again.

Gda Moroney said the woman contacted her friend and later the gardaí.

When Pereira was questioned by the gardaí, he said he did not know who they were talking about, as he had seen many women from the dating app over that period of time.

He told the gardaí that he did not, and would not, do anything untoward.

In April 2023, Pereira was stopped at a border check in Spain, and he later presented to the gardai in Ireland.

Timothy O’Leary, SC, defending, stated that his client has wanted to be a tattoo artist since the age of seven.

In 2018, he opened his own tattoo shop in Ireland, employing several people.

Counsel said his client will now be placed on the sex offenders register, and this will have an effect on his travel.

He also noted that his client now accepts the jury’s verdict.

The court was informed that Pereira wished to give evidence on his own behalf before sentence.

He told the court, “I would like to say that I am sorry for everything that happened”.

Mr O’Leary put it to his client, “Do you understand that you have a lot of work to do between men and women and consent?” to which he said he did and that he would carry out any courses deemed necessary.

Counsel asked him if he understood the impact that what he did had on the injured party in this case, to which he said “yes.”

Pereira apologised to the court for his existence and later for his behaviour.

Mr O’Leary asked the court to consider a suspended sentence.