A MAN CONVICTED of rape almost 20 years ago has succeeded in an application to have his notification requirements as a sex offender lifted.

The man was convicted in 2005 in the Central Criminal Court of one count of section 4 rape and two of sexual assault against his victim, and was given a four and a half year prison sentence at that time.

The man, who is now in his forties, was also placed on what is commonly known as the “sex offenders register” for an indefinite period, which means he is subject under law to certain notification requirements.

These notification requirements currently include notifying the gardaí of any change of name, address, any address where he spends longer than three days or if he intends to leave the State for longer than three days.

Sentences of less than two years imprisonment for certain sexual offences include notification requirements of up to ten years. If the sentence is greater than two years imprisonment the notification requirements are for an indefinite period.

A sex offender can apply to the Circuit Court after ten years to have this obligation removed on the grounds that it no longer serves the common good.

Counsel for the man, Oisin Clarke BL, told Judge Orla Crowe at Dublin Circuit Criminal Court that his client had now been “on the register” for almost 20 years and had been fully compliant with all the notification requirements.

There was no garda objection to the application and gardaí confirmed he had been fully compliant.

Mr Clarke said the man had never managed to have a proper holiday away in the last 20 years in case he inadvertently failed to do something in relation to his notification requirements.

He said the man had worked solidly until his conviction in 2005 and again since his release.

A garda, who is the man’s sex offender manager, told the court the man had been under garda guidance since his release and there had never been a concern or issue about his behavior in that time. He said the application had been mentioned to the area superintendent and there were no objections.

Mr Clarke said it has been over 20 years since the offence and in the past two decades the man had complied with everything that was asked of him.

Mr Clarke said the man wished to put this behind him and was asking to be allowed to get on with his life.

Judge Crowe said it was an unusual application. She noted the man was married with children and gainfully employed. She noted his affidavit outlined the man was affected on a practical level by the requirements. She said he had not come to any adverse attention or caused any difficulty.

She noted that an offender can make this application after ten years and that close to double that time had passed. She noted that the gardai had no concerns or issues in relation to the application,

She said in light of the evidence she had heard in relation to the time elapsed, his good record and the lack of garda objection she was of the view that the common good was no longer served by the requirements and discharged the man from this obligation forthwith.