Sentence put back for man who abused brother
A man who was 17 when he buggered his then 13-year-old brother and forced him to perform oral sex on him, has had his sentence adjourned to July 12 by Judge Desmond Hogan.
The 25-year-old man, who cannot be named for legal reasons, pleaded guilty at Dublin Circuit Criminal Court to three counts of buggery and one of sexual assault on the boy between July 1, 1996 and April 24, 1998.
Detective Sergeant Pat Lordan told Mr Damien Colgan BL, prosecuting, that the man’s brother recalls watching a sex education television programme with his brother when he was 11 years old.
There was some discussion afterwards and he recalled his brother leaning over and touching his penis outside his clothing.
Det Sgt Lordan said the victim recalled another incident when his brother came into the bathroom while he was taking a shower. He got in with him, closing the curtain behind them. He then made the boy touch his penis and give him oral sex.
The boy claimed that he was regularly made perform oral sex on his brother following this.
Det Sgt Lordan said the victim claimed a year later that his brother would come into the room he shared with younger brothers when he was asleep, tell him to lie naked, face down on the floor and he would then force his penis into his anus.
He would complain that this was sore but his brother would continue. The boy told gardaí that this would happen once a fortnight for a number of months. If his younger brothers stirred, he would be ordered to put his pyjama back on and get into bed.
Det Sgt Lordan said the boy reported these incidents to his mother just before Christmas in 2001. His mother questioned his brother about it and told him to seek counseling. She also reported the incident to social services.
The incident was not reported to gardaí until the man came into the garda station himself and made a voluntary statement admitting that he had sexually abused his younger brother.
Det Sgt Lordan told Mr Colgan that the boy, who is now 21 years old, still has nightmares and flashbacks about the abuse. He has attended counseling but to date nothing has helped him. He is getting on with his life but finding it extremely difficult, the detective said.
Det Sgt Lordan agreed with Mr Erwan Mill-Arden SC (with Ms Tessa Feaheny BL), defending, that the man had reported the incident to gardaí before they were aware of the offenses. He further agreed that he continued this cooperation and pleaded guilty at the earliest opportunity.
Det Sgt Lordan said he received a phone call from the man in 2003, because he had tried to harm himself. He was taken to the Mater hospital where he was treated for his injuries.
Det Sgt Lordan accepted that the man had tried to kill himself because he was under so much pressure due to the up-coming case.
Mr Mill Arden told Judge Hogan that the incidents had started as innocent "sexual experimentation between two young brothers".
He said by the time the man had turned 17 years old it had developed into criminal offenses of sexual abuse on his brother.
Judge Hogan said this case was different from other cases of this nature because the offenses started when both brothers were still in adolescence. He noted that the offenses before him were from the time the defendant was 17 years of age.
Judge Hogan accepted that the man had fully cooperated with gardaí but said it was a serious offense that took place over a long period of time. He adjourned sentencing to July 12 to allow for the preparation of a probation report.
