Real estate agent Bryan McNeill (55) walked free from court today after he was given a six-month suspended sentence for sexually assaulting the 19-year-old student in a “gross misjudgement.”
Judge Paula Murphy refused to leave McNeill without a criminal record because of the “invasive, sexualised nature” of the touching and the “high level of recklessness” he showed given the “marked age gap.” A condition of the suspended sentence is that he pays €10,000 compensation.
McNeill, of K Street, South Boston, Massachusetts, pleaded guilty to sexually assaulting the victim on a date in March this year.
Bryan McNeill pleaded guilty to sexual assault. Photo: Paddy Cummins.
The case was heard earlier this week and came back before Dublin District Court this afternoon for finalisation.
Judge Murphy said the victim had been “very measured and honest” in his impact statement. He was “entirely blameless” and she hoped it was of some solace to him that McNeill had accepted this.
The defence had asked the judge to strike the charge out but she said it was not a case where extenuating circumstances of a special character applied.
She took account of the gravity of the offence, which she said was in the “mid range if not higher” for the district court. She noted McNeill had pleaded guilty at the earliest opportunity, had no prior convictions and offered to pay €1,200 for the victim’s therapy.
The judge suspended the sentence for a year.
Earlier, the court heard McNeill was in the hotel sauna when he slid his right hand under the victim’s shorts and groped his buttocks, then grabbed his penis outside his shorts.
McNeill had no prior convictions.
Bryan McNeill. Photo: IrishPhotoDesk.ie
The victim told the court that at the time, he was enjoying the luxury of being in the hotel and had some general conversation but “I did not initiate what happened.”
He was “in shock”, it took him weeks to process it and he was now “more wary than I used to be.”
He had refused any treatment because he felt unable to talk about what happened. He missed lectures in college, failed exams and said the assault was part of the reason for this.
McNeill had initially told gardai it was “consensual interaction” but had since accepted this was not the case.
Bryan McNeill. Photo: IrishPhotoDesk.ie
“From his perspective, he thought something was going on, he completely misread it,” defence barrister Oisin Clarke said, adding that the accused realised he “acted completely inappropriately” and he “apologised unreservedly.”
The incident was brief, and once the victim indicated he was uncomfortable, it “stopped immediately” and the accused said he was sorry, Mr Clarke said.
Detective Garda Cathal Ryan said it was a “brief but traumatic” incident for the victim.
The case had caused an “extreme amount of stress” for McNeill, Mr Clarke said. He had come from “very humble beginnings” and “dragged himself up by his bootstraps.” His husband was supportive and had written a letter for the court.