Convicted sex offenders jailed for 10 years for attempted rape of young man

By Eimear Dodd and Sonya McLean

Two convicted sex offenders have been jailed for the attempted rape of a man 10 years ago.

Gary Byrne (36) and James Reilly (49), who are civil partners, both sexually assaulted the then 19-year-old on the street before sexually assaulting him a second time and attempting to anally rape him after giving him an intoxicant, which meant he could not move while in their home in Nenagh, Co Tipperary, in 2016.

Both men are currently serving prison sentences for the defilement of a teenage boy in 2020.

Reilly also has previous convictions for assault and engaging in a sexual act in the presence of a child, while Byrne has convictions for sexual assault.

On Monday, Byrne and Reilly were jailed for 10 years.

The court was told that the injured party does not wish to be named himself, but is happy for Byrne and Reilly to be identified in reporting of the case.

Justice Tony Hunt said the case was aggravated by the men’s previous sexual offending and “illustrated a propensity and risk to the public”. He noted that the men were convicted following a trial and neither has demonstrated remorse.

He further noted that additional aggravating features in the case were “the use of an intoxicating or incapacitating substance”, that the men “acted in concert” and that they caused their victim “severe and lasting harm”.

Justice Hunt said it appears that the victim was “rendered unable to move” and therefore was placed in a situation of “heightened vulnerability”.

He said Byrne and Reilly “clearly acted together – it was coordinated and supported” and the victim had been “simultaneously seriously assaulted by two people at the same time”.

He noted the “element of deceit and exploitation” in getting the victim to their home in the first instance because the man believed he was going to a house party.

Justice Hunt said the victim indicated through the victim impact statement the severe and enduring harm caused to him, which also led to a loss of identity and self-worth.

He said the mitigation available to the court was limited, but noted that Reilly had a difficult upbringing and both men had decent employment histories.

Justice Hunt said the case was “essentially a joint enterprise” and he didn’t intend to “draw any distinction between them”.

He imposed an 11-year sentence with the final year suspended on strict conditions, including that both men engage with the Probation Service for three years once released from custody.

Justice Hunt said, as “a reassurance to the complainant” he ordered that neither man was to have any contact either directly or indirectly at any time in the future with the complainant.

He said due to their lack of remorse, he considered it “essential and required in the public interest” to impose the three-year post-release supervision order.

Justice Hunt wished the victim well and said he hoped that, as the process was now at an end, he can move on with his life.

The men were both convicted following a Central Criminal Court trial in Limerick earlier this year of two counts of sexual assault and one of attempted anal rape. Reilly was also convicted of assault causing harm.

In his victim impact statement, the injured party said he lost his sense of self following the assault and didn’t know who he was anymore.

He said after the assault, he hated himself and his body, and lost friends and family after developing alcoholism. He said he used alcohol in an attempt to numb his pain and made numerous suicide attempts.

“I blamed myself. This doesn’t happen to a straight male,” the injured party said, adding that he didn’t feel safe in the company of men.

He said he sought help in 2018 as he “could no longer cope with what those two monsters did to me”.

He said his suicidal ideation remained even with all the help he received. He said he finally decided to open up so that it would no longer be a “damaging secret, controlling my life”.

He said going to gardaí was the “first huge step” in his recovery. “My story was heard and above all believed.”

“I was now telling the world what these two evil monsters did to me”, he said adding that he could never forgive the men for destroying his life and for “being cowards” by not admitting their wrongdoing.

He said he would encourage other men who are victims of sexual assault to come forward. “You are not alone. You will be heard,” he said, adding that it was “important so evil men like these can’t hurt anyone”.

Detective Garda Margaret Slevin gave evidence during an earlier court hearing that the injured party bumped into Reilly and Byrne after he’d been socialising.

The men were known to him and they invited him to a house party at their home. He initially refused, but agreed to go back to their home.

On the way, Reilly and Byrne each sexually assaulted him by squeezing his buttocks over his jeans. The injured party objected and told them he was not into it, and Reilly replied: “Ah, you’re loving it”.

He realised when they reached the men’s home that there was no party as it was dark. He was persuaded to go inside for a drink.

The court heard the man was given a vodka and 7up. He later told gardaí that he remained conscious, but was unable to move after drinking it.

Reilly and Byrne started to kiss and touch each other. Reilly tried to kiss the injured party, before biting him on the chest. He then sexually assaulted the injured party.

Byrne joined in, saying “straight people enjoy it”. He also sexually assaulted the victim.

The injured party remembered being placed face down on the couch, with his trousers down. Byrne attempted to anally rape him, then Reilly did the same.

Shortly after both men had finished, the injured party managed to regain his strength, dress and leave. He was in disbelief about what had happened and took a shower when he got home.

The next day, he texted Reilly, asking him not to tell anyone. Reilly replied: “Don’t worry, your secret is safe with me.”

A week later, the injured party met Reilly and again asked him not to tell anyone. Reilly laughed and walked away.

The court heard that the injured party developed mental health difficulties and alcoholism following the assault, resulting in incidents of self-harm and multiple hospitalisations.

He disclosed the incident to a friend in 2018, and later to his wife. In 2023, he told his GP and his mother, before seeking support from a local rape crisis centre.

He made a formal complaint to gardaí in the summer of 2023.

Reilly and Byrne were arrested and interviewed by gardaí in February 2024. Both men said family had been staying with them that weekend as they were preparing for a party.

Byrne denied going out that night, while Reilly said they had been out in Nenagh and had some memory of meeting the injured party, but was not sure it was that evening.

Det Gda Slevin agreed with defence counsel for the men that their convictions for defilement post-date this offending.

The court was told the Director of Public Prosecutions (DPP)’s view is that while there are no sentencing guidelines for attempted anal rape, it is suggested that the headline sentence for this offence should fall within the 10 to 15 year range, due to the pre-mediated nature of the offending, the use of intoxicants and the impact on the injured party.

Both men have a history of work.

Dermot Cahill, defending Byrne, submitted to the court that there are no sentencing guidelines for the most serious offence faced by his client, who only had one previous conviction at the time of this offending. He said that if the court took into account his client’s later convictions, then it would be a “double punishment”.

Justice Hunt noted that Byrne’s sentence for defilement was “in the absence of the full facts”.

Cahill said his client was sentenced on the basis of the charges he faced at that time and that the sentencing principles say that the court must take his client as he was in 2016.

Mark Nicholas, defending Reilly, said his client had a difficult upbringing. He submitted to the court that “these people, sadly for [the injured party’s name] met up accidentally and spontaneously”.

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.