Wicklow man who sexually assaulted girl (6) avoids jail

By Eimear Dodd and Claire Henry

A Wicklow man, convicted of sexually assaulting a six-year-old girl, has been handed a suspended sentence.

Ethan Lacey (26) of Saint Brigids Terrace, Lower Dargle Road, Bray, Co Wicklow, was found unanimously guilty by a jury of one count of sexual assault of a child on August 1st, 2022, at a Dublin address.

The jury heard that Lacey placed his hands on the then six-year-old’s legs and was seen “cupping” her genital area with his hands, all while trying to distract the child with sweets. The young girl was clothed at the time.

Judge Sinéad NÍ Chúlacháin outlined that the aggravating factors in this case were the child's age at the time and the age gap between Lacey and the child.

The judge also noted that the child did not suffer any immediate physical injuries but has been referred for counselling and that her “innocence was taken away at the age of six.”

The judge said there was no evidence of premeditation or planning on Lacey's part, and no breach of trust, as the child did not know Lacey. She set a headline sentence of three years for the offence.

Judge Ní Chúlacháin said she must have regard to the mitigating factors in this case, such as Lacey's own childhood, as set out in the report submitted by the defence.

She also noted that Lacey has the support of his family, is in part-time employment, has no addiction issues or any previous convictions.

Judge Sinéad Ní Chúlacháin imposed a two-and-a-half-year sentence, which she suspended in full for three years.

She further placed Lacey under the supervision of the Probation Services for three years and instructed that he must carry out all directions deemed necessary by them.

At a previous hearing, the court heard the now nine-year-old is being assessed for play therapy, and while not fully aware of what happened, she is showing signs of anxiety.

Marc Murphy, defending, said his client does not deny there was contact, but maintains it was not sexually motivated.

Murphy asked the court to consider the contents of a psychological report, which states his client denies any sexual attraction to children and is assessed at low risk of re-offending.

He said that while the court may consider the offending “brazen” as it took place with others present, he suggested that this could give weight to his client’s position that there was no sexual motive.

He said his client has experienced tragedy in his life, including the death of a sibling. His client is in a relationship, and his partner and parents were in court to support him.

Murphy noted his client has no previous convictions, no history of violence and a good work history. He submitted that there is a “striking absence of red flags” which the court may see in other similar cases.

He asked the court not to impose an immediate custodial sentence.

If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help. In the case of an emergency, always dial 999/112.