A 40-year old Co Clare man sent a lewd image of himself to a female “public figure”, a court has heard.
In the case at Ennis District Court, the man has pleaded guilty to sending lewd pictures of himself to three ‘random’ females around the country in Dublin, Kerry and Limerick and committing a solo sex act in public on the early Galway to Limerick train service.
One of the injured parties who witnessed the man masturbating on the 6.15am Galway to Limerick service on February 20th 2023 videoed the incident and handed over the recording to Gardai as evidence in the case, the court has heard.
At Ennis District Court, Judge Alec Gabbett remarked that one of the women to receive a lewd image “is a public figure”.
Judge Gabbett asked that victim impact statements be provided, commenting that the women on viewing the images would not forget what they viewed for a long time.
Judge Gabbett said that the accused “needs to understand that these are very, very serious charges and have the capacity to damage someone’s life”.
Judge Gabbett said a Probation Report handed into court confirms that vigilantes “have come upon the man”.
Judge Gabbett ruled that the man due to “the vigilante behaviour” and out of concern for the personal safety of the accused that reporting restrictions would continue in the case.
Judge Gabbett remarked that the man has stated that the “vigilantes are after me”.
Judge Gabbett said: “That troubles me greatly – people taking law into their own hands which they shouldn’t do.”
Judge Gabbett said that the public does have a right to know the identity of the accused and told solicitor, Stiofan Fitzpatrick for the accused he is not sure that he would order the reporting restrictions “if I was pushed on that”.
Mr Fitzpatrick said that the accused is facing charges of a similar nature in Dublin.
In Dublin, the accused is facing five charges including ones of attempting to send explicit material to and sexually exploit a child online.
Judge Gabbett said that “the biggest concern I have here is the issue of the pattern of harmful exhibitionist behaviour”.
Judge Gabbett said that the accused by his own admission “has this compulsion”.
The Probation Officer told Judge Gabbett that her report has recommended a therapeutic programme which deals with individuals who have sexual harmful behaviours.
In response to the vigilantism, Mr Fitzpatrick said his client “has left himself in a very vulnerable position”.
Mr Fitzpatrick said that his client “has lost a lot”. He said that his client lives in a rural area and is isolated.
He said: “He has withdrawn from society. He is not working at present and he has a lot of personal shame and embarrassment over what has happened.”
He said that his client no longer has a smartphone and that he has insight into his condition.
Mr Fitzpatrick said that his client sourced the phone numbers of the three women he sent images to from Instagram. He said that his client “has expressed a willingness to address his harmful behaviour”.
Judge Gabbett commented that the accused might have to spend some time in a custodial setting to recalibrate his ideas on what his continuous offending is going to do.
He said: “I would move to that level unless I knew it had no other option.”
Judge Gabbett adjourned sentencing for the victim impact statements and to allow the case in Dublin against the accused to advance.
The offence on the train in February 2023 came only nine days before the man made his first appearance in court on March 1st 2023 concerning sending the lewd images of himself to females.
In relation to the first offence, the man randomly selected a Co Kerry woman’s phone number before sending her a lewd image of himself on October 16th 2020.
The man has also pleaded guilty that on May 1st 2021 of intentionally engaging in offensive conduct of a sexual nature by sending an image of his erect penis via WhatsApp to a female living in Limerick in such a manner to cause fear, distress or alarm to another person.
The man has also pleaded guilty to on May 4th 2021 of intentionally engaging in offensive conduct of a sexual nature by sending an image of his erect penis via WhatsApp to another female living in Dublin in such a manner to cause fear, distress or alarm to another person.
The charges are contrary to Section 45(3) of the Criminal Law (Sexual Offences) Act 2017 where a maximum sentence of six months in the district court applies.
