Community service possible for man who assaulted teenage au pair

By Niamh O’Donoghue

A manager at a multinational who assaulted his teenage au pair is to be given community service if deemed suitable by The Probation Service.

The 41-year-old man pleaded guilty at Dublin Circuit Criminal Court to one count of assaulting the 18-year-old under Section 2 of the Non-fatal offences against the person Act 1997 in his Dublin home in August 2020.

He cannot be named to protect the identity of the victim but the defence also made an application, as he had been subject to Workplace Relations Commission finding which would lose its anonymity if he were to be named.

The court heard that it was the man’s wife, who was in court to support him, also reported the assault to the gardaí.

The victim, who came to Ireland in 2020 to work for the man as an au pair, was alone with him in the house when he came in and sat beside her in the living room at 11pm on the evening in question.

They were chatting and he asked to see pictures of her and her friends. The man told her she was the prettiest of her friends and then asked her if there were any naughty pictures on her phone.

When she replied “no” he started tickling her sides and armpits. He said he was doing it because she was “beautiful and interesting”. She told him it was wrong and he was married before she ran upstairs where she called her mother and her sister.

She said she was having an anxiety attack and was very scared. The teen ceased her employment and went to stay with friends. She later made a formal complaint to gardai and had told the man’s wife.

The court heard there was CCTV in the living room but the camera was turned off on the date in question.

The woman read her victim impact statement to the court in which she said she forgave the man.

“I forgive you because I understand that sometimes people make mistakes”, she said.

“Back then I wasn’t even a Christian”, she added.

“I will never forget how I sat in my room fearing for my life that you would come back to try something else”, she said.

“I forgive you but I will never forget how you acted,” she added.

The court was told the man went to a Dublin garda station by appointment and made a statement in late 2020. A file was prepared for the Director of Public Prosecutions and there was a delay in the case coming to court due to the Covid-19 pandemic.

The court heard the man has no previous convictions and has not come to the attention of gardai since. The man’s wife also contacted the gardai about the incident but it was logged as a domestic complaint.

Counsel said the man is Portuguese and works as a manager in a multinational company.

Judge Orla Crowe noted the age disparity as the man was 22 years senior to the au pair. She said it was a “really serious breach of trust” and the impact on the victim was severe. The judge noted the victim had dealt with it with tremendous graciousness.

“It is an inherently serious matter,” said Judge Crowe. She said the court is if of the view that “there is still a debt to society”.

Judge Crowe noted the maximum penalty was six months imprisonment. She set a headline sentence of five months but reduced it to four months imprisonment but said she could give him 80 hours of community service if deemed appropriate by The Probation Service.

Judge Crowe said the matter has to be referred to The Probation Service. She directed a probation report and adjourned sentencing to May. The judge ordered that a sum of €11,000 offered by the man as an expression of remorse, is to be given to the investigating garda by 5pm on Thursday.

The court heard the Workplace Relations Commission previously ordered the man to pay the au pair €9,000.

Morgan Shelley SC defending said his client was offering to pay a further €11,000 as a token of remorse.

The man wrote a letter to the court which Mr Shelley read out saying he was “truly sorry for my actions”. “I am in a position of trust”.

Counsel said his client is deeply sorry for what occurred and it was a “a moment of insanity”.

He said his client thought his marriage “wasn’t as strong as it was before” and the victim was “absolutely blameless”.  Counsel said his client acted in a very “ inappropriate way”.

The court was told his client’s wife went through a difficult time after that. Mr Shelley said his client is a regular church goer.

“The closest thing I can describe it as, is a moment of insanity,” said Mr Shelley.