€200k award over sex abuse

A man sexually assaulted as a child by someone he regarded as a father figure has been awarded €200,000 aggravated damages against his abuser in a key High Court ruling.

Mr Justice Michael White’s judgment creates a new civil wrong covering the long term control and manipulation exercised by an abuser over their victim.

An emotional Cormac Walsh, from Arklow, Co Wicklow said he hoped the court’s decision on his case against Michael Byrne, a former teacher and brass band leader, from Templerainey, Arklow, will help other victims of abuse.

The recognition by the courts of a “crime so devious and underhand” will be very significant for other victims, he said. “It explains to victims that it was not their fault, that the child is never at fault,” he added

Deirdre Burke, solicitor for Mr Walsh, said the case aimed to highlight the continuum of oppression which begins with the first contact with the victim, extends to the physical abuse and beyond, and the impact of that on victims. The aim is to acknowledge there is more to the abuse than individual assaults on victims, she added.

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In his judgment, Mr Justice White said Mr Walsh sought a declaration that the entire relationship created by Byrne with Mr Walsh was “a continuum of oppression” involving manipulation, psychological dominations, and acts of assault and battery and this continuum was tortious that constituted a civil wrong.

Mr Walsh first met Byrne when he was aged nine. Mr Walsh joined the band and became close to Byrne, whom he regarded as a father figure, and continued to have regular contact wit him well into adulthood.

Mr Walsh went with Byrne on band trips. Byrne began to sexually abuse Mr Walsh when he was 11. The abuse continued until he was 17 and involved inspecting Mr Walsh’s genitals and masturbating him many times.

Byrne is serving a sentence after pleading guilty to a number of counts of abuse of Mr Walsh, the judge noted.

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