DES KAVANAGH, CARNLO, AVOIDS JAIL AFTER CHILD PORNOGRAPHY INCIDENT IN 2017

In March 2017, Des Kavanagh, a 39-year-old former youth worker from Turra, Glynn, Carlow, received a suspended sentence after being convicted of possessing and distributing child abuse images. The Dublin Circuit Criminal Court was told that Kavanagh had concealed his sexuality as a gay man since his teenage years. He explained that when he joined an online adolescent chat group, he felt a sense of acceptance and support that he lacked in real life.

During most of his online interactions, Kavanagh pretended to be a 15-year-old boy. He began sending images, which included child sexual abuse material, to other users, claiming the images were of himself. A forensic psychologist testified before Judge Martin Nolan that Kavanagh's interest in chatting with peers of his own age stemmed from his discovery of his sexuality.

Authorities, aided by information from Interpol, executed search warrants at locations associated with Kavanagh, leading to the seizure of 240 images and two short movie clips from his laptops. All the images and videos fell into the lowest categories of illegal material—specifically, images of children posing and engaging in sexual activity—without any in the more serious categories.

Kavanagh pleaded guilty to possession and distribution of child pornography at his former address in Tallaght, Dublin, during May and June 2010. He has no prior convictions. Judge Nolan acknowledged that Kavanagh was frank with Gardaí and had made full admissions. He described Kavanagh as a complicated individual who had repressed his sexuality for many years, which contributed to his behavior.

The judge remarked that the material was not created for profit and noted that Kavanagh appeared unlikely to re-offend, indicating he did not pose a current risk to children. Despite the seriousness of the offence and the harm it causes, Judge Nolan decided that a custodial sentence would be unfair given Kavanagh's background, the nature of his involvement, and the categories of images involved.

A two-year sentence was imposed but suspended on the condition that Kavanagh remains of good behaviour. Judge Nolan added that Kavanagh had received some help, and involvement of the probation service was deemed unnecessary.

Garda Kieran McGrath testified that, following information from Interpol, Gardaí obtained search warrants and seized several laptops from Kavanagh. Analysis uncovered 240 images and two video clips of child pornography. McGrath stated that Kavanagh, who was working as a youth worker at the time, was cooperative with authorities and fully admitted his involvement.

He explained that Kavanagh commonly pretended to be a 15-year-old boy during online conversations. Initially, he would send innocent images, then later send pornographic images, claiming they were of himself. Kavanagh admitted he participated in chat rooms for about 18 months, gaining gratification from the activity, and used the guise of being a teenager to initiate conversations. He also mentioned the involvement of adult pornography.

Although Gardaí could not verify if Kavanagh was communicating with actual children (since they only had user names), Garda McGrath confirmed there was no evidence of contact offenses or future police attention. Kavanagh accepted full responsibility for the material, which was not for commercial purposes, and expressed remorse for his actions.

A forensic psychologist engaged by the defence assessed Kavanagh as being at the lowest possible risk of re-offending. She explained that he had discovered he was gay during adolescence but suppressed his true orientation out of fear of rejection. When he found an online group for adolescents, he joined out of curiosity and interest in chatting with peers his age. She noted he was surprised at how much things had changed.

The psychologist further stated that Kavanagh knew he would not be permitted to access such groups again. He pretended to be an adolescent, participated actively, and exchanged images—his claim that these images were of himself was part of his pretense. Although he tried to stop his online activities, he would sometimes reactivate his accounts. She concluded that he felt accepted and supported in these interactions, which he lacked in real life.

Kavanagh also shared with her that his interests in adults did not involve engaging with children, and there was no evidence to suggest any ongoing contact with minors.