X-case man gets 3 ½ years for kidnap, sexual assault

The man at the centre of the X case has been sentenced to 3 ½ years for the kidnap and sexual assault of a 15-year-old girl.

The man at the centre of the X case has been sentenced to 3 ½ years for the kidnap and sexual assault of a 15-year-old girl.

Sean O'Brien, (52) with a last address at Swords, County Dublin, was also banned from driving for 10 years.

He was found guilty on two counts of sexual assault and one count of false imprisonment in the Dublin Circuit Criminal Court on Friday.

The Four Courts

The assault happened in 1999 after the girl hailed his taxi at Donnycarney Church, Dublin, and asked him to drive her to the Ambassador cinema in the city centre.

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In the Dublin Circuit Criminal Court on Friday, the man was found guilty of sexual assault and of kidnapping. O'Brien had denied two counts of sexually assaulting and two counts of falsely imprisoning the then 15-year-old girl on August 15th, 1999.

He collapsed on hearing the verdict but recovered within minutes after being attended by gardaí, prison officers and court officials.

In the X case, the same man was convicted in 1994 of unlawful carnal knowledge of a 14-year-old girl in 1992 and of sexually assaulting her.

As a result of his actions, the girl became pregnant and the-then attorney general, Mr Harry Whelehan, was granted an injunction by the High Court preventing her from having an abortion in Britain.

Mr Whelehan took action because of Article 40.3.3 of the Constitution, the first abortion amendment, which sought to protect the right to life of the unborn. However, the family appealed this decision to the Supreme Court on the basis that the girl had become suicidal because of her condition.

In deciding between the equal right to life of the mother and that of her unborn child, as defined by Article 40.3.3, the Supreme Court ruled that she could have an abortion because her life was threatened.

It is this ruling which the Government's current proposed amendment to the Constitution, and accompanying legislation, aims to roll back.