Man who sexually abused his younger brother from the age of five jailed for 10 years 

Sexual abuse was carried out on a boy from the age of five and throughout his childhood by his much older brother who groomed him and even threatened that he had recordings of the abuse in a solicitor’s office which he would reveal if a complaint was made.

The abuser who admitted various crimes against his younger brother including oral and anal rape went on to work in residential childcare in the UK.

Ms Justice Mary Ellen Ring sentenced the 45-year-old to a total of 12 years in prison with the last two years suspended at the Central Criminal Court sitting in Cork today.

“He made the family home a place of abuse and depravity for the abuse of a child… The physical abuse pales in comparison to the emotional abuse… The issue is one of control – getting someone to cater for your wishes and demands without regard for (their wellbeing),” the judge said.

Ms Justice Ring said that not only was the child’s innocence taken from him but so too was his place of safety as the abuse occurred in the family home The judge noted that there was no evidence of the accused having any other convictions before or since, in Ireland or the UK.

Prosecution senior counsel Ray Boland said the injured party did not want his brother identified, but made the point that this was not out a sense of mercy for the accused but for his own reasons of ensuring his own anonymity in regard to these matters.

The judge said it was yet another significant case of sexual abuse commencing at a time when the defendant was an adolescent and the victim was a very young child and continuing for a lengthy period.

Investigation

In the course of her judgement, Ms Justice Ring referred to the investigation by Detective Sergeant Ailish Murphy where there were charges of sexual assault, gross indecency, anal and oral rape and attempted rape.

The sexual abuse took place primarily in the family home, commencing when the victim was five. The judge noted that games were used to manipulate and groom the child and this was a ploy that was often used in this kind of sexual abuse.

In this particular case the abuser pretended to hypnotise his young brother, telling him that he would remember nothing after it happened. The abuse began with sexual assaults, went on include masturbation and rape.

By the age of 11, the victim felt strong enough to stand up to his brother, called him a paedophile and informed his parents of what had been happening. 

It stopped for a period after that as his parents converted a downstairs bedroom for the defendant so that he would be further away from his young brother. However, after a period the grooming resumed and more serious sexual abuse occurred.

When the victim threatened to report what was happening the defendant laughed at him and said he had recorded the acts on a hidden camera and that the videos were in a solicitor’s office for safe-keeping. The victim was terrified these recordings would become public.

Admissions

Ultimately, he did feel able to report the abuse to his gardaí and the defendant made certain admissions when questioned. This was followed up with pleas of guilty to certain charges on the understanding that the case would be dealt with on a full facts basis.

The injured party expressed some disappointment that his brother had pleaded guilty and that there would not be a trial. He had hoped that in the course of a contested case he would be cross-examined by a lawyer on behalf of the accused and that in this process he could effectively confront his brother about what he had done to him.

Ms Justice Ring understood this feeling but commented that a contested case might have prolonged the matter for much longer.

Jane Hyland senior counsel for the defence said the accused wanted to attend for treatment in respect of sex offending.