14-year term for ‘appalling breach of innocence’

A 52-YEAR-OLD father who systematically raped and sexually abused his eldest son over a three-year period has been given a 14-year prison sentence by the Central Criminal Court.

The case, which has been described by child support groups as one of the worst of its type, is the subject of a soon-to-be published HSE report on how health board officials dealt with the family.

The father of six from the west of Ireland, who cannot be named for legal reasons, was convicted on 47 charges of rape and sexual assault of his son on dates between April 11, 2001, and June 23, 2004, when the boy was aged between 12 and 15.

The man had maintained his innocence of all charges during the course of a nine-day trial at the Central Criminal Court in Dublin and had accused his son of making up the allegations as an act of revenge.

At a sentence hearing yesterday, Mr Justice Barry White said the man’s offences were all the more reprehensible because as the head of the family and in a dominant position he had committed an “appalling breach of the trust and innocence” of a child.

The judge described a victim impact statement read out by the 20-year-old young man in court last Monday as “poignant and powerful” in how he outlined that he felt he never had a childhood.

Mr Justice White said the victim’s statement had touched on other matters relating to his family life that he could not take into account in sentencing his father – a reference to the fact that the boy’s mother was sentenced to seven years in prison in a separate criminal trial last year after she pleaded guilty to the incest and sexual assault of another son, as well as charges relating to the neglect of all six of her children.

The judge said all right-minded people would be appalled by such matters and he noted that the woman’s husband must “at the very least” have condoned such conduct.

Mr Justice White said he believed a life sentence was not necessarily inappropriate but felt a fixed term of imprisonment was more satisfactory and more appropriate in this case.

Sentencing the man to 14 years, the judge noted the man had shown no remorse and offered no apology for his crimes.

“You are in denial as regard to your offensive behaviour,” he added.

The judge said the only mitigating factor in his favour was his previous good character, although he also noted that the type of offences committed by the man were often carried out by people of otherwise good standing.

The man was sentenced to 14 years on each of the 11 counts of anal rape with the final 18 months suspended on the basis that he entered a bond to be of good behaviour for an 18-month period on his release. He was also sentenced to 10 years for each of 12 counts of oral rape and three years for 24 charges of sexual assault to run concurrently.

Mr Justice White said he did not believe post-release supervision was needed in the case.

Speaking to reporters outside the courtroom after the hearing, the victim expressed satisfaction with the length of the jail term imposed on his father. “I’d have preferred if he got life. But I’m happy enough with 14 years,” he remarked.

He described the trial as a difficult process but expressed thanks to the judge, jury and investigating gardaí as well as his family, neighbours and friends. The young man also said he hoped the forthcoming report on the HSE’s handling of his family’s case would help other children in future.

In a statement, the HSE said the report which was commissioned in January 2009 was designed to ensure that any failure in the system is brought to light so that vulnerable children are better protected in future.

The HSE said the finalisation of the report could now be completed as a result of the conclusion of the court case. It is understood that the report is due to be published next month.

Fine Gael’s children spokesman, Alan Shatter, said successive Fianna Fáil-led governments had direct political responsibility for the catastrophic failure in such a tragic case as they had ignored the recommendations of similar reports in the past.

Meanwhile, the Rape Crisis Network Ireland (RCNI) expressed disappointment at the failure of the court to impose a life sentence on the father.

RCNI spokeswoman Fiona Neary said the case highlighted the reluctance of the judiciary to impose life sentences for such offences

“The RCNI are disappointed that a life sentence was not chosen, considerably weakening the state’s ability to monitor and limit this man’s risk to society for the rest of his life,” said Ms Neary.