€2.8m in damages for four years of rape and abuse

A woman who was raped and sexually abused by her godfather over a four-year period, starting when she was only 12, has been awarded €2.8m damages by a High Court jury.

Marcella Breslin, aged 31, of Emerald Drive, Killybegs, Co Donegal, had sued Patrick Gillespie, aged 54, her godfather and uncle-in-law, of Carrrickmagrath, Ballbofey, Co Donegal, as a result of the sexual abuse. Gillespie was in 2008 jailed for 10 years, with three suspended, after being convicted of the rape and sexual assault of Ms Breslin.

After deliberating for two hours yesterday, the jury awarded €1.2m in aggravated damages, €1m in exemplary damages, and €600,000 in general damages.

At one stage during their deliberations the jury had asked a question of Ms Justice Elizabeth Dunne, presiding, as to who would pay the damages and if there were any precedent in such a case. Ms Justice Dunne said Gillespie would be liable for the damages. She told the jury to be sensible and reminded them “this is not the United States — we have a common-sense, practical approach”. She said the jury was compensating for the wrongs done.

After the jury had returned with a decision, Ms Justice Dunne thanked them. She said she knew it had been difficult for them.

Earlier, addressing the jury, Ms Breslin’s counsel Richard Lyons asked them to award aggravated and exemplary damages with a figure which “accurately reflects the horror story,” and told them they were putting a “a price on a stolen childhood”.

Ms Breslin had claimed in the High Court that between 1993-1997 Gillespie deliberately and knowingly perpetrated acts of sexual assault and sexual abuse on her in his home, and also once in her grandmother’s house, at Athayvooge, Killybegs, Co Donegal, and in forest areas in the county.

Gillespie, who is in prison, was not represented in court and did not defend the action.

It is claimed the instances of abuse began as touching in an intimate manner and graduated to full sexual intercourse, and while Ms Breslin did what she could to prevent rape, Gillespie overpowered her physically and psychologically and it continued for upwards of four years.

Gillespie, it was claimed, had power over the young girl and she was not in a position to report the acts of abuse at the time.

As a result of the deliberate physical and sexual assault and the deliberate and willful trespass to her person, it was claimed Ms Breslin suffered personal injuries, loss, and damage.

Opening the case before a jury, Ms Breslin’s counsel, Sasha Gayer said Gillespie was Ms Breslin’s godfather and uncle-in-law, and in a position of trust. Ms Breslin would stay in Gillespie’s house and was close to his wife, her aunt. Counsel said the assaults began when Ms Breslin was 12. Gillespie also brought her to a forest where he would rape her.

“It had a profound and lasting effect on her. She tried to take her own life when she was 16 years of age,” counsel told a jury.

He said the young girl suffered a lot at the time of the assaults and it also had a psychological effect on her and she missed a lot of school. The criminal case caused a rift in the extended family.

Delight at award

* Last night Marcella Breslin’s solicitor said her client was delighted with the assessment by the jury.

Grattan Butler said it will be a matter for her and her legal advisers to try and realise assets on her behalf from the very limited assets of Gillespie, which will be an extremely difficult task.

“This does not in any way detract from the significance of the award that was handed down by the jury, representing the general, aggravated and exemplary damages caused by Mr Gillespie to Ms Breslin for the terrible years of rape and abuse and subsequent aggravating behaviour since those years of rape and abuse,” he said.

He added: “Ms Breslin is a young lady with three young children who leads a very modest life and it is of the upmost importance that she does not incur any further unnecessary stress with any misrepresentation of the award.”