Two brothers jailed for 22 months for raping cousin in 1990s

Judge describes case of 'inter-familial abuse' and said they were 'serious offences they carried out because they could' 

The judge said that because both men denied all charges and had not expressed remorse, there was some mitigation that was not available to them.
 

Two brothers who raped a younger cousin in the 1990s when they were all under the age of 18 were jailed for 22 months as the judge said: “These were serious offences they carried out because they could.”

Both brothers denied raping their younger male cousin, but a jury found them guilty at the Central Criminal Court in Cork.

Ms Justice Mary Ellen Ring did not differentiate between them, although one was convicted of anal rape and another was convicted on two counts of oral rape.

“Both are fundamental breaches of bodily integrity,” the judge commented.

In each case, she imposed a sentence of three years and four months with the last 18 months suspended. Lesser concurrent sentences were imposed for sexual assaults.

Ms Justice Ring said that because both men denied all charges and had not expressed remorse, there was some mitigation that was not available to them.

The judge did mitigate the sentences on the basis of other factors, including the absence of any previous convictions, the positive role they play in their neighbourhood, medical conditions they suffer, and the fact that “both men were themselves children when it happened".

In terms of aggravating factors, the judge said: "The abuse progressed from fondling to penetrative sex of the mouth and anus. This is a case of inter-familial abuse.”

This was a breach of trust by older cousins when he was a visitor in their home.

The judge said that any suggestion of the effects of such abuse not having lifelong consequences were belied by the continuing counselling undertaken by the victim, who said he would not have come through without the unwavering support of his wife. While the abuse eventually stopped, it left a trail of destruction, the judge added.

Ms Justice Ring referred to a large number of testimonials for the two defendants from neighbours and members of their community about their hard work and the positive roles they play in their area. The judge said the testimonials were given by people who were made aware of the convictions recorded against the two men in this case.

During the summer, the case was brought against the two brothers for raping and sexually assaulting a younger cousin when he was staying at their home. The jury found one of them guilty of sexually assaulting his cousin twice and raping him anally once. They found his brother guilty of oral rape twice and two counts of sexual assault.

Ray Boland, senior counsel, said all of the disputed events occurred in the 1990s when the complainant and the two defendants were in their early teens, the two accused being older than the victim.

Mr Boland SC said: “They used to play a game in the living room of the house. They would take turns being the farmer and the cows. This was innocent at first. It occurred in the good room — the parlour. In the game a bull would enter the room and the bull would mount the cow. They might have seen this occurring on the farm.

“This became more sinister and sexualised. There was also a game of mammies and daddies. They would all be wearing T-shirts and underwear. (The defendants) touched his (complainant’s) penis and genitals and tried to kiss him.”

Mr Boland said the bull aspect of the game returned when one of the brother’s put his penis in his cousin’s anus, and that the other defendant put his penis in the complaint’s mouth on two occasions, constituting oral rape.

Ms Justice Ring also referred to submissions made by defence senior counsels Alice Fawsitt and Elizabeth O’Connell that the two defendants were at the lower end of the scale in terms of cognitive ability and also found to be at a low risk of re-offending.

Victim's statement

The victim said his life had been a complete roller-coaster of emotions, including depression, anger, loneliness, and pain that have held him back for approximately 30 years as the rape and sexual abuse haunted him and there were times when he became suicidal.

“Thankfully, because of a higher power, someone watching over me or the little bit of hope I clung on to, I did not follow through with taking my own life,2 he said.

“The cruel sexual and disgusting acts that (two cousins) committed on me have haunted me throughout my life.

"I truly believed the abuse had such a horrific effect on the latter end of my childhood and through my adolescent years that my education and career opportunities were severely damaged. It is so hard to look back now and think of what could have been.

“For many years, I thought there was something wrong with me, that I was different and did not belong. But I know now it was the power of the dirty secret I was carrying and the control of the sexual abuse (defendants) imposed upon me is what was wrong.”