A Honduran man who sexually assaulted a 16-year-old youth at a gym has avoided jail.
Dario Maradiaga Flores (33) of Maplewood Park, Tallaght, grabbed the boy’s genital area in an unprovoked assault, which Judge Martin Nolan described as “very unusual” due to its sudden nature.
The maximum sentence for the offence contrary to Section 2 of the Criminal Law (Rape) (Amendment) Act 1990 and Section 37 of the Sex Offenders Act 2001 is 14 years.
The offence took place in April 2025 in the gym’s changing rooms, and was referred to the Circuit Criminal Court after District Court Judge Karen Dowling refused jurisdiction due to the seriousness of the charge.
At a previous hearing at Tallaght District Court, Judge Dowling heard evidence from Detective Sergeant Ruth Finnegan, who told the court the teen had finished exercising at the gym and was fully dressed.
As he was leaving the male changing room, Flores blocked his path and “firmly’ grabbed his genitals over his trousers while smirking at him.
Passing sentence today at the Circuit Criminal Court, Judge Nolan said that the accused had pleaded guilty to sexually assaulting a male under the age of 18.
He said that on the day of the assault “both the accused and the injured party were at a gym” when “for reasons only known to the defendant, without any invitation” he “grabbed the injured party in the genital area over the clothes for a short period of time.”
Judge Nolan said that “this caused the injured party to be shocked by what had happened” and he made an “immediate complaint to certain parties and the defendant was identified.”
He said that although the “facts are clear”, the “circumstances” of the assault were “very unusual” and that the injured party was “frightened and stunned and suffered some trauma as a result.”
Judge Nolan said that the accused thought the injured party was “somewhat older” than he was and that the court was “to some degree” prepared to accept this, “but it doesn’t lessen the criminal behaviour to any degree.”
The court noted that the accused pleaded guilty, expressed remorse, has no criminal record, and has a “good work history”.
Judge Nolan said that in the court’s view, the accused was “unlikely” to reoffend “to any great degree”.
He noted that he was “Honduran” and that he “achieved certain status” in Ireland, which may now be “endangered” due to his criminal conviction.
“He was in a good occupation, but he lost his position,” Judge Nolan said, noting that the accused “has a partner here”.
“Sexual assault is always serious for obvious reasons,” he said, adding, “this is probably the middle to low end of the scale.”
Judge Nolan continued that the court had “come to the conclusion” that the accused did not deserve a prison sentence and has “already suffered some cost” as he has lost his good job and his immigration status is now in danger.
“The appropriate sentence is a term of two-and-a-half years,” he said, before suspending this term in full on condition of good behaviour for the same period.
The accused must also, within six weeks, gather the sum of €5,000 to offer to the victim as a “financial sanction to punish him [the accused]”.
If the injured party does not wish to accept the money, it is to be donated to a charity.