Judge praises bravery of boy as cousin jailed for sexual abuse

Fiona Ferguson

A teenage survivor of sexual abuse has been commended by a judge for his bravery.

The Central Criminal Court heard how the sexual abuse he suffered at the hands of his cousin had a “life-altering effect” on him. His cousin was jailed for two years on Friday.

The boy was 11 years old when he was sexually abused over a period of months by his cousin, who was aged between 15 and 16 years old during the offending.

The abuse ended when the victim’s younger brother told their mother what was happening.

The now 20-year-old defendant pleaded guilty to eight counts of sexual assault and one count of anal rape of the child on dates between January and August 2021.

He has no previous convictions. The guilty plea came on the day the trial was due to begin.

Justice Melanie Greally said the injured party should be commended for his bravery in engaging with the process and being prepared to give evidence in the case. She said he had given the court a very helpful, mature and cogent victim impact statement.

She observed this statement expressed the extent to which he had been harmed emotionally and psychologically and how the abuse had marred his teenage years. It had affected his self-confidence and self-worth, leaving him feeling unsafe and unable to trust others.

The Judge said she hoped the conclusion of the proceedings would help him in his recovery from what have been a very difficult few years.

She referenced reports received by the court from The Probation Service, St John of Gods and forensic psychological service. She noted a report described the accused as emotionally immature and having difficulty in expressing his emerging sexuality in an appropriate way.

She noted the probation report said he was ashamed and remorseful and assessed him at low risk of reoffending. She detailed his difficult early life and a range of learning difficulties. He is engaging with education but living a socially isolated existence.

She observed he tends to characterise the offending as sexual experimentation and deflect the responsibility away from himself. She said he does accept some responsibility for the harm his actions have caused.

Reports outline he would benefit from offence-focused intervention

She said if the offences had been committed by an adult, the headline sentence would be 11 years, but taking into account a reduction for child offenders, she set a headline sentence of four years.

She took into account in assessing his culpability factors, including his age, his immaturity, lack of judgement, his intellectual and emotional limitations and the living conditions during the covid pandemic.

The Judge noted in mitigation factors including his guilty plea, trauma and adverse life experiences as well as taking into account an emerging sense of insight evident from the psychological report.

She noted his full engagement with the Probation Service and his willingness to engage with therapeutic programs.

She imposed a sentence of three years' imprisonment and suspended the final year on condition, including assessment for therapeutic or offence-related intervention and 12 months probation supervision post-release.

He is subject to the sex offenders register for a period of three years.

Justice Greally said in light of concerns raised about suicidal ideation, distress and anxiety in relation to the accused man she would ask for the committal warrant to prison to recommend an immediate mental health assessment.

In his victim impact statement, the complainant told the Central Criminal Court that his life had changed dramatically since the abuse.

He said he has been diagnosed with PTSD, social anxiety and depression, which makes everyday life difficult.

He also outlined the ongoing impacts of the abuse on his health, stress levels and education.

He said he had been very social prior to the offending, but now has a small social circle and a fear of staying overnight in anyone else’s home. He said the abuse had impacted his confidence and opportunities in life, as well as the way he sees himself.

He said his whole family had been affected by the trauma and he has few happy memories since that time. He described how he bears mental scars and said that the abuse had stolen part of his childhood.

A prosecuting garda told Eilis Brennan SC, prosecuting, that the offending occurred at the young boy’s home while his older cousin was staying there.

The victim’s younger brother told their mother about their cousin coming into the room the boys shared.

The mother asked the victim about this, and he disclosed what had been happening. He said that over a period of months, the accused had been touching his bottom in his bedroom and on the final occasion had anally raped him.

The boys were spoken to by specialist interviewers and outlined the details of the abuse. The victim said the abuse had made him upset.

He said he felt angry, and he felt that it was his fault. The defendant was also spoken to and denied any wrongdoing. He later pleaded guilty to the offences, and the injured party did not have to give evidence.

In his plea of mitigation, John Fitzgerald SC, defending, said his client was placed in foster care for a number of years following the death of his mother when he was a child. The placement was “not a happy one”, the court heard.

He was diagnosed with a mild learning disability and ADHD. He left school before completing his Leaving Cert, and efforts to engage in further study recently broke down, defence counsel says.

A Probation Report found the man struggled to empathise with the victim, but also acknowledged his cousin was likely to suffer long-term from the effects of the abuse.

He would benefit from further engagement with services and is willing to do so, the court heard.

The man wishes to express his remorse and his apologies to his cousin and his family, Fitzgerald said. He fully accepts and acknowledges the effects of his actions.

If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help. In the case of an emergency, always dial 999/112.