Man jailed for the sexual abuse of his young cousin

Fiona Magennis

A 34-year-old man who was a teenager when he sexually abused his young cousin has been jailed for three years.

The man, who cannot be named for legal reasons, was convicted following a trial at the Central Criminal Court of four counts of sexual assault and one count of oral rape on dates between 2005 and 2008.

The accused was aged between 14 and 16 years old at the time, while the victim was aged between five and eight years old.

Judge Karen O’Connor commended the courage of the young woman in coming forward.

She said a very sad aspect of intra-familial sexual abuse was the shattering impact on the entire family and noted it was not unusual for the victim to be the person excluded. She said the abuse had a ripple effect and did not stop at one level.

She thanked the young woman for her dignity at sentencing and throughout the trial.

Judge O’Connor said the aggravating factors included the injured parties young age and the age gap between the parties.

She noted the injured party was in the accused man’s home due to tragic circumstances. She said there was an unequal power dynamic, as it was not her family home, and she was a younger cousin on her best behaviour.

She noted the traumatic impact on the victim as outlined in her statement to the court.

Judge O’Connor noted in mitigation the 17 testimonials before the court from family, neighbours and others, which referred to the accused man in positive terms.

She noted there was a delay in the reporting of the offending, but observed this was not unusual.

She said she had to be conscious of the accused man’s young age at the time of the offending.

Judge O’Connor said a total headline sentence of eight years would apply if the accused man was an adult at the time, but as he was a child, she set a headline sentence of four years.

Taking into account all factors, she imposed concurrent sentences totalling three years.

In her victim impact statement, the injured party said that the fact that she had attended therapy and a mental health hospital was “used as a weapon against me.” She said she felt that the access to her therapy notes and medical records felt like another violation.

“These were places I was supposed to feel safe to speak,” she said.

She said the accused man had shown no remorse during the trial, and delays in the trial's start had caused her distress.

She said the past few years of the investigation had been a very difficult time for her family, with relationships being lost.

She said she has to remind herself that the fallout within her family is because of the abuse she endured at the hands of the accused, not because she spoke up.

“It is not fair we have all had to endure more suffering because of what you did,” she told the man.

She told the accused: “Although the trial is over, I must continue my life with the effects the abuse has had on me. I have lost a lot of my life to dealing with the abuse.”

“What you did to me cannot be undone, but I refuse to let it define who I am. I will no longer carry the shame of what was done to me. That shame is yours to carry now.”

“The abuse I suffered is only part of my story, not my whole story. I’ve finally found my voice and stood up for my younger self,” she told the court.

An investigating garda told Conor Devalley, prosecuting, that following a family tragedy the wider family rallied around to help mind the injured party.

The injured party said that from the age of five, the accused man, her cousin, used the time she was being cared for in his home to sexually abuse her. She outlined repetitive instances of sexual assault and a final incident of oral rape.

She later heard her classmates talking about kissing and realised what had happened was wrong.

The court heard she held it in for a long time and made a formal complaint in 2021. She got therapy in the meantime and had disclosed some information to a person she was close to at school.

Devalley indicated that the Director of Public Prosecutions' view was the offending lay in the midrange of the scale.

Defence counsel told the court the accused man is currently in a stable relationship and handed in references from family members, who he said were all aware of his conviction.

He said it was clear from reading through the booklet the man was much loved by family and respected by close friends.

He said what came through was an individual thoughtful to his parents, as well as kind, considerate and helpful to those associated with him.

Counsel said the court case had shattered family relationships and the custodial sentence will have an impact on the accused man’s own immediate family.

He asked the court to consider his client’s age at the time of the offending. He said he was like a child in law at the time, which must be taken into account.

He told the court he was unable to advance anything in terms of remorse.

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.