Case No. 7608Attempted rape and sexual assault · Co. Dublin

Former judge loses appeal against conviction for attempted rape and sexual abuse

Gerard O'Brien (61), a former Circuit Court judge who had earlier worked as a teacher, was convicted by a Central Criminal Court jury in December 2023 of one count of attempted anal rape and eight counts of sexual assault against six young men. The offences took place at locations in Dublin between March 1991 and November 1997. O'Brien was jailed for four years in June 2024 by Judge Alexander Owens, after he had resigned as a Circuit Court judge. In July 2026 the Court of Appeal dismissed his appeal against conviction, rejecting arguments that the trial judge's charge to the jury was flawed.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In courtnot reported
  5. Convicted10 Jul
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
  • Gerard O'Brien, 61, a former Circuit Court judge, was convicted of one count of attempted anal rape and eight counts of sexual assault.
  • The offences involved six young men who were complainants when O'Brien was a teacher.
Where
The offences occurred at locations in Dublin.
When
The offences took place between March 1991 and November 1997.
Investigation
  • When interviewed voluntarily by gardaí, O'Brien initially denied the allegations.
  • He later provided pre-prepared statements acknowledging sexual activity with two complainants but said it was consensual.
  • He accepted performing oral sex on another complainant but said he had a mistaken belief about that young man's consent, and he denied attempting anal sex on that victim.
In court
  • A Central Criminal Court jury convicted O'Brien in December 2023.
  • The Court of Appeal dismissed O'Brien's appeal, rejecting arguments that the trial judge's charge was imbalanced or legally incorrect.
  • The Court of Appeal also rejected claims that the trial judge erred in refusing separate trials or in warning the jury that lies do not automatically indicate guilt.
Other details
  • O'Brien resigned as a Circuit Court judge, having been appointed in 2015.
  • A psychological report described O'Brien as psychologically vulnerable, with limited coping skills and episodes of major depressive disorder.
  • The same report said O'Brien has unmet sexual needs due to being gay in a homophobic society and his disability.
Sentence
Judge Alexander Owens jailed O'Brien for four years in June 2024.
7 statements extracted from the articles
  • whereThe offences occurred at locations in Dublin between March 1991 and November 1997. (irishtimes.com)
  • sentenceO'Brien was jailed for four years in June 2024 by Judge Alexander Owens. (irishtimes.com)
  • otherO'Brien resigned as a Circuit Court judge, having been appointed in 2015. (irishtimes.com)
  • otherO'Brien subsequently provided pre-prepared statements acknowledging sexual activity with two complainants but asserting it was consensual. (irishtimes.com)
  • otherO'Brien denied he attempted to perform anal sex on that victim. (irishtimes.com)
  • otherA psychological report stated O'Brien was psychologically vulnerable with limited coping skills and episodes of major depressive disorder. (irishtimes.com)
  • otherThe psychological report stated O'Brien has unmet sexual needs due to being gay in a homophobic society and his disability. (irishtimes.com)

The reporting

newest first
  1. 10 Jul2026
    Former judge fails in bid to overturn conviction for attempted rape and sexual abuse

    Court of Appeal dismissed O'Brien's appeal, rejecting arguments that the trial judge's charge was imbalanced, legally incorrect, or that the judge erred in refusing separate trials or in warning the jury about lies not automatically indicating guilt.

    convicted, 61, male, irish (judged from name)victim, 17-24, male