Court Report By Fiona Ferguson
A teenager who was raped by her sister’s then-partner has told the Central Criminal Court how her life has been impacted by the offence but she is working towards healing.
The 24-year-old Carlow man, who cannot be named to protect the young woman’s identity, was convicted following a trial earlier this year of the rape and sexual assault of the teenager at his home on a date in August 2023.
The accused man was aged 21 years old at the time, while she was aged 16 years old.
Imposing sentence today Ms Justice Karen O’Connor said that the most significant aggravating factor was the effect of the assaults on the victim. She noted that the victim reported feeling disgusted in her own body and she has self harmed on a number of occasions since the rape.
Ms Justice O’Connor said the age disparity and the breach of trust were also aggravating factors.
She said while the accused was entitled to challenge the evidence this meant the significant mitigation of guilty pleas were not available to the defendant.
She said that the accused does not accept the jury verdicts and has not expressed remorse and this also means he loses some potential elements of mitigation.
She noted his previous offending, his strong commitment to his family and his diagnosis of autism and ADHD.
She suspended the final six months of a sentence of six and a half years on various conditions including that he be of good behaviour and engage with the Probation Service for a year after his release including offence focused and victim awareness work.
She noted that it is unusual for the Probation Service to indicate a willingness to work with somebody who has not acknowledged their wrongdoing but that it has done so in this case.
The complainant was present in court for the sentence finalisation and Justice O’Connor said she wished her the very best.
In a victim impact statement read into the record, she told the court that since August 2023, she felt disgusted by her body and hated how she felt.
She said she kept replaying the events in her head and had self-harmed in an effort to make herself feel okay. She said she was working towards healing with those who supported her by her side.
Ms Justice O’Connor said it was evident during the trial she had supportive family and friends and she hoped she will take that support. She wished the complainant well during this very difficult time for her.
An investigating garda told Michael Delaney SC, prosecuting, that the offences occurred while the complainant was staying over at the man’s home for a family event.
The man came into the bedroom and sexually assaulted her before raping her. She told him to stop and tried to push him off. He stopped and left without saying anything.
The girl said she had tried to shout out while it was happening but found she had no voice. She did not say anything to her sister the following day due to the family event, but told a friend what had occurred.
She later told her sister, who confronted the accused and he denied the allegations and asked why she had not screamed. She later told her mother part of what happened and gardai began their investigation.
Barry White SC, defending, said the accused was a single man who lived with his parents. He has no previous convictions. He has been in custody since his conviction in April.
Mr White said the accused man does not accept the verdicts of the jury. He said his client had a diagnosis of autism and ADHD. He had a limited education and has never been in long-term employment.
He said it was a serious offence, but he has not been in trouble with law previously or since.
Ms Justice O’Connor noted that the defendant’s parents and two of his siblings had written testimonials to the court on behalf of the defendant.
