'I tried stopping him and he wouldn’t listen': sisters abused by mother's partner 'minded each other'

Two teenage sisters who were sexually assaulted by their mother’s partner were commended for sticking together and minding each other in a case where a jury found the 73-year-old guilty of the abuse and today he was jailed for seven years.

Judge Helen Boyle imposed a sentence totalling nine years, with the last two years suspended, on the defendant who cannot be named in order to protect the identity of the victims.

The court heard that one of the victims was particularly vulnerable, having special educational needs and a mental capacity of a child between the ages of five and ten.

This young person’s victim impact statement was read at the sentencing hearing while her sister’s statement was handed in privately to the judge.

She said that when her mother’s partner touched her sexually, it made her "really angry".

She added: "I tried stopping him and he wouldn’t listen. It made me feel uncomfortable and my body was shaking a bit. My body was telling me that he shouldn’t be harassing anybody like that and that it was wrong – it was very wrong.

“Now that (name) is not around anymore, my body feels great that nobody will ever touch me like that again. I feel grateful that he is gone to jail and that he will not touch anybody like that again.

“I felt like it wasn’t safe to be anywhere near him in the house. I got really mad at him for it. When angry I would go into my bedroom to calm down, colour, and go on my electronics… “

"I felt safe going to school since (name) wasn’t near me in school.

“I didn’t tell my mum because I was afraid she wouldn’t believe me. I told (older sister) when mum died and after when I had enough with (name). I was struggling to tell mum about (name) and taking deep breaths because I was panicking and my heart felt like it was pounding, trying to talk. 

"If she was still here she would have found out the truth. When I told (older sister) when I had enough of (name) she believed me and I felt relieved.” 

The case went to trial by judge and jury as the defendant pleaded not guilty to sexually assaulting both sisters and was found guilty of the abuse of both of them. 

He had previous convictions, including similar sexual abuse and an attempted rape, for which he was jailed for five years in 1988.

The teenager added, in her victim statement: “I didn’t like seeing him outside the courthouse. Thankfully, (the liaison garda) was with us. I felt relieved since its all over. I am happy he is not around anymore.” 

The 73-year-old was found guilty on four counts – two in respect of each injured party – for offences committed on different occasions between 2015 and 2020.

Judge Boyle said to the defendant: “Unsurprisingly, this had a very serious effect on the victims. You were in relationship with their mother. Three of the offences occurred in their own home where they should have felt safe. It has had a long-lasting impact and their felt uncomfortable in their own home.

“This was a severe breach of trust as you were in a relationship with their mother. In 1988 you had three sexual assault convictions and one for attempted rape. Despite the sentence of five years you went on to commit these sexual offences.” 

Suzanne Gorey, barrister, prosecuted the case and senior counsel Marjorie Farrelly represented the defendant, saying that he was now in poor health.

The judge said that nobody was punished for contesting a case, but that a plea of guilty is the most significant mitigating factor that can be taken into consideration at sentencing.