Judge’s shock at mother’s masturbation talk with daughter, 4

A father of two has not seen his children since February after their mother denied him access, alleging that he had sexually abused their five-year-old daughter.

At the family court in Ennis, he described the allegation as “ridiculous” and is seeking sole custody for the two children over his own concerns for them.

Judge Patrick Durcan expressed his surprise in court after the mother said she had told her then four-year-old daughter that if she can touch herself in a nice way, she can have a nice time.

In court, the mother’s disclosure of her conversation with her daughter on masturbation startled Judge Durcan, who asked the witness: “We are talking here about a five-year-old girl? She seems a most advanced child.”

The father interjected to point out that the girl was four when this conversation allegedly took place.

The mother said her daughter tried touching herself “because she knows that it can be nice for her if she does it right”. She clarified she was not teaching her daughter how to do this.

The mother and father are not married, are non-Irish nationals and the father has also applied for guardianship of their two children.

Shíofra Hassett, solicitor for the father, said that two independent reports by professionals following the mother’s initial allegation contain no concerns for the girl and find no evidence of sexual abuse.

She said: “The reports found no evidence of any abuse and the girl was found to be a very happy, playful and settled child. They found that the girl made no negative reference to her father and that she enjoys spending time with her father.”

The mother has also said a relative sexually abused her daughter last year.

The father told the court that, on February 20, the mother told him by phone he could no longer see the children after claiming that he had sexually abused their daughter.

He said that he had enjoyed “a very good relationship” with his children and often when his daughter would be leaving him she would be crying. He said: “They really liked staying at my place.”

Ms Hassett confirmed that there is a Garda investigation into the two claims of sex abuse against the girl.

The father said he has not yet been interviewed by gardaí. He said: “As soon as I heard about this, I wanted to take a polygraph test because I found the allegation ridiculous.”

Judge Durcan said that he is very clear in his mind what he will do in the case, and will deliver his ruling tomorrow.