Jailed for seven years for abusing partner’s niece
The Criminal Courts of Justice in Dublin, where the case was heard
A MAN who admitted to repeatedly sexually abusing his partner’s teenage niece while she lived with them has been jailed for seven years.
The 30-year-old Carlow man pleaded guilty at the Central Criminal Court to one count of sexual assault and one count of orally raping the child, who was aged between 13 and 14, in the home they were both living in on dates between December 2022 and January 2023. Three further counts of sexual assault were taken into consideration on a full facts basis, the court heard.
The man, who can’t be named to protect the anonymity of the victim, first sexually assaulted her under the guise of looking after her when she had Covid, a local garda sergeant told prosecuting counsel Seoirse Ó Dúnlaing SC.
The abuse started with inappropriate touching and digital penetration, including in a car in the presence of her aunt and grandmother on one occasion. His partner was heavily pregnant at the time of the abuse.
It progressed to the man performing oral sex on the girl after “pestering” her while they were walking the family dog, the court heard. The girl had her period at the time and felt sick when the man tried to kiss her afterwards. He orally raped her on the same occasion.
The defendant sent the victim text messages and, in one of these, he wrote: “I like what we have, it’s weird ... I shouldn’t really.” The abuse ended when the girl confided in her mother.
Reading her victim impact statement, the girl told the court that she was 13 when the defendant started “grooming” her.
She said she constantly has flashbacks to the assaults, which have changed her perspective on relationships.
“I was an innocent 13-year-old child. I was happy ... I hope one day you’ll realise what you did to me was sick.
“Real men don’t take advantage of 13-year-old girls; real men don’t rape children. You have ruined my life forever,” she said. She said that she has struggled with anxiety, depression, trauma and PTSD.
In his plea of mitigation, Kevin White SC, defending, said that his client grew up with addiction issues and violence in the family home and began using drugs himself as a young teenager, including cocaine and amphetamines.
A probation service assessment described him as a ‘very damaged and complex individual’. The report noted that the defendant admitted to a probation officer that ‘he did, in fact, groom (the victim)’ and that ‘he knew it was a risk, but he couldn’t stop it’.
He admitted that ‘he had taken advantage of her vulnerability and breached her trust’ and he didn’t speak negatively about the victim at all during the assessment. The report stated that he had a good level of insight into his offending and its long-term impact on others.
In a letter to the court, he told the victim that ‘he hopes his guilty plea can avoid any further trauma to her’ and said he was ashamed of himself.
‘I was an adult encouraging a sexually inexperienced teenager for my own sexual gratification,’ he wrote. He added that he never intended to hurt her, but knows that he did and he regrets his actions.
The defendant has been serving a prison sentence since November, when he was sentenced for assault and threats to kill relating to a female relative. He also has convictions for violent disorder and public order offences.
Passing sentence, Mr Justice Paul McDermott said there was evidence that the defendant had groomed the child and he knew what he was doing was completely wrong. He said the girl had shown “exemplary courage” in coming forward and he noted the very impressive way that she had dealt with the case.
Speaking directly to the injured party, Mr Justice McDermott said: “You have a very full and positive life ahead of you and I wish you the very best of luck in the future.” The judge said the defendant had committed very serious offences against a young, vulnerable girl.
“I have little doubt that he knew what he was doing was wrong,” he said, adding that some aspects of the offending were “brazen”, occurring as they did in close proximity to others.
The judge took a number of mitigating factors into account when sentencing the man, including his guilty pleas, his remorse, which the probation service had described as genuine, and the fact that he had addressed his addiction issues and had engaged in a programme.
He sentenced the man to eight years and three months for the sexual assault and seven years for the oral rape, both to run concurrently. He suspended the final 15 months of the eight years and three months sentence for two years and he placed the defendant under the supervision of the probation service for two years.
The judge said the man must follow all directions deemed necessary by the probation service and ordered him to have no direct or indirect contact by any means, including social media, with the injured party.
