US real estate agent (55) admits sexual assault on student in Shelbourne sauna
Tom Tuite
A wealthy American real estate agent has admitted groping inside and outside a young man’s shorts during a sexual assault in the sauna at Dublin's Shelbourne Hotel.
Bryan McNeill, aged 55, of K Street, Boston, Massachusetts, USA, had lodged €30,000, allowing him to return to the United States in March.
He pleaded guilty when he came back for his hearing in Dublin District Court on Monday.
Judge Paula Murphy heard the businessman “misread the situation" until the shocked victim stood up and told him to stop.
Sentencing was adjourned until Wednesday.
Detective Garda Cathal Ryan told Judge Murphy the injured party, a 19-year-old college student, was staying at the five-star hotel with a family member and used the gym and afterwards went to the sauna.
He later reported to gardaí that this older man sexually assaulted him in the sauna.
In his statement, he outlined to the detective that McNeill was rubbing his shoulder and upper torso with his right hand, and “slid” his hands under his shorts to grope his buttocks from within his shorts and then with his left hand grabbed his penis outside the shorts.
McNeill was identified as a suspect and gave gardaí an account claiming it was a consensual interaction, but the complainant stated it was not consensual.
The court heard McNeill was due to return to the United States a day after the incident, but attended the garda station and remained in the jurisdiction for several days pending the Director of Public Prosecutions’ decision that he be charged.
Detective Garda Ryan said McNeill had no prior convictions in Ireland or any other jurisdiction.
Detective Garda Ryan had agreed with defence counsel Oisín Clarke, instructed by solicitor Brian Keenan, that the accused was completely cooperative and changed his travel plans as a result of the investigation.
He also kept gardaí abreast of his location via his solicitor until he was charged a few days after the complaint.
The detective accepted that he was informed at an early stage that there would be an early guilty plea, which spared the victim from having to give evidence.
Injured party
Detective Ryan also agreed that, in terms of these kinds of assaults, it was at a lower level, and he had dealt with more severe cases. However, he added that he still regarded it as serious and while brief, it was traumatic for the injured party.
Mr Clarke put to the garda that when the victim indicated he was uncomfortable with it, Mr McNeill stopped immediately, which was also accepted.
The court heard that the student stood up and told him to stop, and the interaction ended; the accused then indicated he was sorry.
The student came to the hearing to read his victim impact statement into the court record.
He spoke out, telling the court, “I was just enjoying the luxury of being in the hotel and having a general conversation; I did not initiate what happened.”
He revealed that he was in shock afterwards, and it took weeks to process what happened. He could not talk about it when his parents asked how he was.
He said that his family thought that he was happier before and is more irritable now, and he said he was not ready to face what happened, but wanted it to disappear.
“I do wonder why this was done to me. I am friendly and social, but definitely more worried than I used to be," the young man told Judge Murphy.
He said he became withdrawn and believed the assault was partly a reason for failing a college exam during the summer.
Married businessman McNeill nodded to confirm that he was pleading guilty.
He did not address the court, and his husband provided a letter confirming the accused’s health had declined due to stress, and he had suffered from vertigo since the incident.
Mr Clarke said his client came from humble beginnings and was the first in his family to achieve a third-level education and “dragged himself up by his bootstraps” from a young age, eventually becoming a real estate agent.
In a plea for leniency, the defence stated the accused was the main support for his mother, who was ill, and he had a very caring side and was deeply involved in charity.
Mr Clarke said this offence was alien to McNeill, who was taking it extremely seriously.
Guilty plea
The barrister highlighted that this offence was at the lower end, notwithstanding the effects on the complainant. Counsel submitted that he deserved credit for his unblemished record and early guilty plea.
“And it was a case from his perspective and not suggesting the victim gave any signals; he believed something else was going on, he completely misread the situation,” counsel said.
The barrister added saunas had a certain resonance within the accused’s community: “He thought something was going on that wasn’t, and he acted completely inappropriately, and he apologises unreservedly”
McNeill asked counsel to express remorse on his behalf.
The defence noted that the complainant had not yet attended counselling costing €1,200; McNeill was willing to pay, along with a donation to charity or an additional sum to the student.
Mr Clarke furnished a High Court judgement from a more serious sexual assault case, which allowed the Probation of Offenders Act, sparing the accused a criminal conviction.
Counsel implored Judge Murphy to exercise that discretion in McNeill’s case, because a conviction could have “catastrophic consequences" for him in the United States in terms of his livelihood and other features of his life.
This was a drastic issue from his perspective in terms of how he misread the situation, counsel submitted, while also acknowledging the impact on the complainant and repeating that McNeill was willing to assist him financially in dealing with the trauma he inflicted on the young man.
Judge Murphy adjourned the case to consider her ruling.
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.
