Man, 77, jailed for sexually assaulting vulnerable woman in Kerry

Trial heard victim, who has Down syndrome, would 'absolutely not' have the capacity to consent to sexual activity and would not be aware of normal boundaries

The Circuit Criminal Court in Tralee was told the man 'used and manipulated' the very trusting but vulnerable woman, who has Down syndrome. Picture: Domnick Walsh 

A 77-year-old man has been handed down a nine-year sentence, with one year suspended, after being convicted of sexual offences on a young woman who had no understanding of what was being done to her.

The Circuit Criminal Court in Tralee was told the man "used and manipulated" the very trusting but vulnerable woman, who has Down syndrome.

Judge Catherine Staines said "a very strong deterrent" needed to be sent when imposing the sentence.

The abuse was uncovered when a relative became suspicious of text messages being exchanged when she was visiting the woman's home.

The messages to the young woman’s phone were “sexually explicit, vulgar and deeply upsetting” Detective Garda John Gilmartin said. 

The man had pleaded not guilty but he was found guilty by the jury on all 16 counts. 

“He continues to protest his innocence”, his senior counsel Brian McInerney said.

The man had befriended the woman’s mother and her family and became a trusted friend.

The sexual offences took place between October 1, 2015, and July 21, 2018, in Kerry.

Six counts were of having sex with a "mentally impaired person" between October 1, 2015, and March 26, 2017.

The law changed in March 2017, and he was further charged with 10 counts of engaging in a sexual act with a protected person on dates between March 27, 2017, and July 21, 2018.

Lead prosecution barrister Siobhán Lankford recalled how an expert witness had told the trial a person with Down syndrome would "absolutely not" have the capacity to consent to sexual activity and would not be aware of normal boundaries.

Victim impact statement

In a victim impact statement, read by the woman’s father on behalf of the family, the court was told the young woman had been very friendly and chatty and bubbly and she loved music.

"She cannot see badness or ill-intent in anyone, or even second guess their motivations," the statement said.

Now her entire sense of safety had been robbed and the family fear this will never be recovered. She stays up late until physically exhausted and sits in a room with the curtains drawn, the court heard.

"She suffered in silence at the hands of his man, for years. She knew something wrong was being done to her, but she had no capacity to explain or tell anyone because she didn’t even know the words to describe what he was doing," the statement said.

Had the abuse not been discovered by chance, it would have continued, the family believes.

Judge Staines sentenced the defendant to a total of nine years, with one year suspended.

She said she did not believe he was interested in being rehabilitated.

The judge also said: "This was an innocent young woman who had no understanding of the acts being performed on her."

At one point, she addressed the young woman directly and told her: "You are a very brave young lady and very fortunate in having a loving family."