Limerick men lose sentence appeal over 'vilest double rapes against a child victim'

Men had been sentenced to 12 years in jail for rape of girl who was 14 at the time

One defendant, who was 22 at the time, was convicted on the single count of rape. His co-accused, who was 21 at the time, was convicted of rape and an additional charge of sexual assault. Picture: Larry Cummins

Two Limerick men had their appeal against 12-year prison sentences dismissed at the Court of Criminal Appeal on Monday as their crimes were described as “the vilest double rapes against a child victim”. 

Mr Justice John Edwards, who considered the appeals with Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy, described the crimes in those terms and said he had no hesitation rejecting the appeal made on the grounds the headline sentence was too high. 

The second basis of the appeal — that insufficient credit was given for mitigating factors including the defendants’ personal circumstances — were also rejected.

He said the judges were completely satisfied adequate allowance was given to the mitigating factors, despite the appeals made by the appellants’ senior counsel, Tom O’Malley and Ray Boland.

It had been submitted in the appeal there was no separate violence, additional to the rapes, such as the use of a weapon, that would have brought the offences into such a serious category where the range of sentences was from 10 to 15 years.

However, Mr Justice Edwards said the more than usual level of degradation and the age difference were aggravating factors. The victim was 14 while they were in their early 20s at the time.

“This was a callous exploitation of an exceptionally vulnerable child … who was raped sequentially… one man telling the other, ‘now it’s your turn’, Mr Justice Edwards said.

The men cannot be named in order to protect the anonymity of the victim.

In the original sentencing, Ms Justice Eileen Creedon said the men had taken the girl to an isolated area, given her more alcohol and raped her in succession, “robbing her of her innocence” in “extremely degrading and humiliating” circumstances. 

She described it as a “cynical, calculated and egregious” crime and the men had taken advantage of a young and vulnerable child when she was comatose with alcohol.

The injured party said the rape had changed her from a carefree, bubbly child to a frightened, guilt-ridden victim. She said she still felt shame and anxiety as a result of the events of April 22, 2017. 

Particulars of the location are not published in order to protect the identity of the victim. The victim said she was very drunk at the time and went to a remote area with the two men, who raped her as she drifted in and out of consciousness. 

She said she and her friends asked the two men to buy drink for them in a local shop earlier in the evening as they were too young to be served.

One defendant, who was 22 at the time, was convicted on the single count of rape. His co-accused, who was 21 at the time, was convicted of rape and an additional charge of sexual assault.