Man jailed for a year for sexual assault that left partner's teenage niece with suicidal thoughts
Judge Crowe handed the man an 18-month sentence, with the final six months suspended on strict conditions, including that he come under the supervision of the Probation Service for 12 months post-release. File picture
A man has been jailed for the sexual assault of his partner’s teenage niece after a birthday party at the victim's family home.
The 41-year-old, who can't be named to protect the victim's anonymity, pleaded guilty at Dublin Circuit Criminal Court to sexual assault on September 19, 2020. He initially denied the charge but entered a plea on the trial date. He has no previous convictions and has not come to garda attention since this incident.
The investigating garda told Fiona McGowan BL, prosecuting, that the girl was 15 years old at the time. The accused was her aunt’s partner, and the assault took place after a birthday party in the victim’s family home.
The teenager later told gardaí that before she went to bed, the accused put his hands on her hips and “made suggestions towards her”. She went to bed, but the accused later came into her room, touched her bottom, and digitally penetrated her, the garda said.
Her mother saw the man in her daughter’s room. He said he had just been talking to the teenager. She told him to leave and go back downstairs, but he didn’t leave the room for a further 10 minutes.
The garda said the girl told her mother the following Monday “that something horrible had happened”, and she did not go to school for a few days.
When the man was approached, he apologised and said he didn’t remember what had happened.
The teenager was interviewed by specialist gardaí in April 2021. The man was later arrested and acknowledged that he was at the party.
A victim impact statement outlined that the teenager has since had suicidal thoughts and has had episodes of “self-harm”. She said she believed she “wouldn’t live to see my Leaving Certificate”.
She said it would be a good day if she got out of bed, and the bad days were when she couldn’t get out of bed and stayed in bed crying. She would barely eat some days and then overeat other days.
Padraig Dwyer SC, defending, expressed his client's shame and remorse for his actions. Defence counsel noted this is a “serious” offence and that it took place in the “context of familial connections”.
Mr Dwyer said this was “one single incident” of sexual assault, and his client has been assessed in a probation report as at a low to moderate risk of re-offending. A psychological report was also handed to the court.
Defence counsel said his client has “lived a blameless life apart from this single incident”. His client was intoxicated on the night, and while he accepts responsibility, he doesn’t remember digitally penetrating the victim’s private parts.
Mr Dwyer asked the court to take into consideration his client’s guilty plea, lack of previous convictions, sense of shame and remorse. He said his client does not “identify his relationship with alcohol as problematic” but acknowledges he has had issues with gambling in the past.
He said his client is from Eastern Europe and has a good work history. €7,500 was also available as an offer of compensation, and the defence counsel suggested the court could enquire if the victim and her family might be willing to accept this.
Imposing sentence on Thursday, Judge Orla Crowe said the aggravating factors include the age difference and resulting power imbalance between the victim and the defendant.
She said the significant and serious impact of the offence on the victim was also aggravating, alongside the fact that the abuse took place in the victim's home and within a context of “family friendship and trust”. Judge Crowe said the abuse was a “serious violation” of the victim's bodily integrity and her innocence.
The judge noted that a psychological report states that the accused's ability to empathise with the victim is “superficial” and that he also minimised his actions when speaking to a probation officer.
She said she took into consideration the mitigation, including the guilty plea, letter of apology, expressions of remorse and his poor mental health. She noted an offer of compensation was made but said the court did not consider it appropriate in the circumstances of the case.
Judge Crowe handed the man an 18-month sentence, with the final six months suspended on strict conditions, including that he come under the supervision of the Probation Service for 12 months post-release.
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