A man who sexually abused his younger cousin when they were both children has been jailed for two years.
The now 22-year-old Carlow man pleaded guilty at the Central Criminal Court to two counts of oral rape and one count of sexually assaulting the girl on dates between January 2017 and June 2018. He was aged between 13 and 14 at the time, while she was aged between 10 and 11.
The sexual abuse took place when the girl was visiting his home and their mutual grandparents’ home in Co Carlow, the court heard. The man cannot be named to protect the victim’s anonymity.
A local detective garda told Karl Finnegan SC, prosecuting, that the abuse came to light in 2022 when Tusla sent a notification to gardaí that the complainant in the case had made a disclosure of sexual abuse.
The court heard that on three separate occasions, when the girl was visiting relatives and playing computer games with her older cousin, he sexually abused her. The abuse involved inappropriate touching and oral rape of the girl, the court heard.
He told her not to tell anyone about what he had done, or she would get into trouble.
In 2018, the girl made a limited disclosure to her mother, saying her cousin had kissed her and asked her to pull her pants down. This was disclosed to Tusla, but given the nature of the allegation made, no further action was taken.
The girl was aged 12 at the time and scared she would get into trouble if she confided in her mother the full extent of the abuse, the court heard.
A few years later, in 2022, she told her mother everything that had happened and an investigation started.
In a victim impact statement which she read out herself, the young woman said she still has nightmares and days where she feels physically sick “from the guilt and shame” of what the man did to her.
“All of that comes back to you,” she said. “You ruined my life before it even started.”
“I genuinely don’t believe you understand the effects your actions have had on my life,” she said.
“…It won’t end for me when I walk out of this court room and it won’t end when you are sentenced,” she said, adding she hopes she gets the justice she deserves.
Sentencing the man yesterday (Monday, 20th Oct), Mr Justice Patrick McGrath said the defendant’s actions were a gross breach of trust and have had long term effects on the victim. He said she was a wholly innocent child and said that she had no reason to feel the “shame and disgust” she describes feeling.
He said if the defendant had been an adult at the time of the offences, a headline sentence of eight years would be appropriate. But he said the court is obliged, and correctly so, to take into consideration the fact that he was “a young child” himself at the time of the offending and to adjust the sentence considerably.
He said the higher courts have indicated that a reduction of up to half should be considered. He also noted the defendant had pleaded guilty at the earliest stage and is entitled by law to a considerable discount for this.
He reduced the sentence to two years and ten months and suspended the final ten months to encourage the defendant’s continued engagement with the Probation Service assessment and treatment programme. He noted that the Probation Service had measured his risk of re-offending as low, but that it might creep up to medium if he did not continue to receive support and treatment.
John Peart SC, defending, handed in a letter of apology from his client in which he acknowledged he left her with lasting scars for which he was “truly sorry”.
Mr Peart said his client has no previous convictions and did very well in school. A psychological report before the court found he has no history of having a sexual relationship in his life.
Defence counsel said he had expressed remorse and entered guilty pleas and he asked the judge to take this into account when sentencing.
Mr Justice McGrath noted the defendant had a very difficult and unsettled upbringing, is extremely isolated and has a long history of mental health issues.
