Man jailed for sister's rape in 'house where sexual abuse was culture'

By Sonya McLean

A Meath man has been jailed for two years for the rape and sexual assault of his younger sister on their family farm and home which has been described as “a house where sexual abuse was culture”.

The 46-year-old man was convicted by a Central Criminal Court jury last March on two charges of sexual assault and one of rape on dates between August 1987 and September 1988.

The girl was aged between 11 and 12 years old at the time, while her brother was four years older. The court heard she was able to date the incidences by reference to her own confirmation and her sister's wedding.

Their older brother was convicted last January, following a separate Central Criminal Court trial, of four counts of raping and three counts of sexually assaulting another sister at various locations between 1983 and 1990. He was sentenced to 10 years with the final two and half years suspended last March.

Colman Fitzgerald SC, defending the 46-year-old accused told Ms Justice Úna Ní Raifeartaigh that the family home was “ a house where sexual abuse was culture. A very unwell and dysfunctional household.”

A local garda agreed with him that his client told gardaí in interview that he had also been abused by his brother.

He said in interview, following his arrest on these allegations, that something had happened him with his brother that “should not have” and he went into his sister's room and tried to have sex with her.

The man maintains though that the incidences which his sister reported to gardaí didn't happen.

The garda confirmed that the woman also referred to her brother telling her during a rape that “an adult had said it was OK”.

Ms Justice Ní Raifeartaigh sentenced the man to five years in prison with the final three years suspended. She said there was no need for post release supervision as the man had not come to garda attention since the offence.

She noted that such abuse on a child by a family member, as evidenced by the woman's victim impact statement, “can seriously interfere” with their long term development.

“The development of their sexuality and how that impacts on intimacy in later life, trust issues and their relationships with other family members, as it goes to the heart of the family,” Ms Justice Ní Raifeartaigh said.

The judge said that it was a “significant fact” that this was clearly the offending of a person who was a juvenile at the time “in the context of a very sad set of family dynamics”.

“The boundaries of behaviour in the sexual sphere may have been blurred,” the judge said before she added that she had to picture what a court would have done if he had come before the court when he was 15 years old.

She said a psychological report concluded that he was at a low risk of re-offending and that his mental functioning was “at a relatively low level”.

Ms Justice Ní Raifeartaigh made a recommendation that the man not serve his sentence in the same prison as his brother following a submission by Mr Fitzgerald.

The now 42-year-old woman's victim impact report was read into the record by Carl Hanahoe BL, prosecuting.

She said everything before the abuse was “an adventure” but the abuse “took the enjoyment out of her youth”. She described being filled with shame and secrecy and felt cut off from her loved ones.

“I knew it was wrong, it felt wrong,” the woman said.

She said her brother “taunted and intimidated her” and his comments on her breasts; “guys like big boobs”, disgusted her and made her very conscious of them.

The woman said being abused destroyed her marriage because she was unable to connect with her husband intimately. She said she disclosed the abuse to her husband but yet continued to assist her brother with errands and lifts because she wanted to act as if everything was normal.

This behaviour frustrated her husband and they have since separated.

She said during her college years she didn't want to go home at weekends and would think of excuses not to be there.

“I am very sad that I lost many valuable years with my mother. It broke my heart telling her what had happened to me. It impacted our family life. It brought shame and embarrassment and split our family apart,” the woman continued.

She also spoke of a sense of loss when she observed other brother and sister relationships.

“I feel he has no true remorse or regret, no awareness of the toil of his actions. I want him to admit what he has done. I want him to get whatever help he needs to make sure this doesn't happen again,” the woman's statement concluded.

Counsel handed in a booklet of reports and testimonials and told Ms Justice Ni Raifeartaigh that his client still maintains his position of innocence.

A woman, who described the man as her best friend, gave evidence as a character reference.

She said she had known him for seven years and although she was aware of his conviction, she believed he was a fantastic father to his daughter and had allowed him to mind her own children on several occasions.

“He is a gentleman. I am supporting him 100%. I would never have thought he was capable of this. He is a kind, honest and loving man,” the woman told Mr Fitzgerald.

She said she was shocked and devastated when she heard of the allegations.

Mr Fitzgerald said his client has not been allowed to see his daughter since he was convicted.