A survivor of childhood sexual abuse at the hands of her brother has called for the law around safety and protection orders to be changed to protect victims.
The young Offaly woman told the Central Criminal Court how she was left feeling unprotected by the law in the aftermath of making the allegations against her brother as she did not qualify for a safety or protection order since she was not in a relationship with her abuser.
The woman described in her victim impact statement how her brother had instilled fear in her, and she felt vulnerable and terrified walking the street of her home town.
The woman turned to face him in court and said: “You are not a brother, you are a monster.”
Charges
The 28-year-old man, who cannot be identified to protect his sister’s identity, pleaded guilty to rape, oral rape and sexual assault of the young girl at their home in Offaly on dates between 2004 and 2007.
His lawyers told the court the man was introduced to pornography at a young age by peers.
He began abusing his sister when he was 11, and she was just eight years old. The abuse continued until he was 15 years old and his sister was 12 years old.
The court heard there was “significant dysfunction” and violence within the family home. The case divided the family and the young woman does not have the support of her parents.
Impact
The woman described the ongoing impact of the abuse on her life, including struggles with her mental health and emotions, trust issues, anxiety, nightmares, flashbacks, PTSD and feeling worthless.
She said she is constantly reminded of how many opportunities she has missed out on.
Ms Justice Mary Ellen Ring thanked the young woman for her victim impact statement which she said was “very impressive” and well presented. She said she was glad to hear the woman now had people around her to mind and support her while she waits for the case to be finalised.
Ms Justice Ring said she needed time to consider the case and adjourned sentencing until March 8th next.
The investigating garda told Patricia McLaughlin SC, prosecuting, that the vast majority of the abuse took place in the accused man’s bedroom, when he would lock the doors and pretend they were watching a movie. His sister was in third or fourth class when the abuse began.
The abuse included rape, oral and digital penetration of the child’s vagina. She told how her brother would put a pillow over her heard or a hand over her mouth to stop her screaming.
She said the abuse would take place anytime he had the chance, and he made threats to kill her. She also described how he forced her to watch pornography.
Complaint
The women made a complaint to gardaí as an adult. Her brother made an attempt on his own life and the woman withdrew her complaint.
She outlined how she had been made to feel guilty.
Three years later, she made a fresh complaint and also outlined how her brother had forced her to have sex with another boy while they were on holidays when she was 11 years old.
The accused man was arrested and denied the offences. A suicide note he had written prior to the attempt on his life was put to him, but he said it had nothing to do with the allegations.
He conceded he had shown his sister pornography and “had not been the best of brothers”.
The man, who has previous convictions for road traffic offences, went into custody voluntarily.
The garda agreed with Dean Kelly SC, defending, that there was violence towards the man and his mother within the family home at the hands of their father.
The garda agreed that despite both parents being professional people, there was “significant dysfunction” behind closed doors and their home “would not have been a great place to grow up.”
The garda agreed that the injured party had not received the support from her parents that one might expect to have been offered.
Victim impact statement
In her victim impact statement, the young woman told the court her older brother had “robbed me of my childhood and stolen my innocence”. She described how she had pleaded with him to stop, but he continued to abuse her, even during childhood games.
The woman described the terror and constant fear her brother had instilled in her, leaving her feeling vulnerable and alone throughout her whole life. She described him as a master manipulator.
She told the court how she was abused at home, which should have been a place of love and safety.
She said she had been made to feel guilty after her brother’s suicide attempt and withdrew her statement. She described how she left home and, after later moving back to her home town, reported the abuse again.
She said she was not going to let the man take control of her life.
She said her brother had shown no remorse and dragged the case out, only entering a guilty plea one month before the trial.
She said the case had divided her family, with her mother and father listening to her brother’s lies, leaving her without support from her parents.
She said she was now hoping to start a new chapter in her life.
“I give over all of what I carried to him to carry and stand in my power for the first time in my life,” she told the court. She thanked her sister, best friend and her extended family who had supported her. She also thanked the gardai and the Rape Crisis Centre.
Mr Kelly outlined the details of a psychological report to the court setting out the man’s personal circumstances and family background.
He said the siblings had grown up in a household of “significant and profound” dysfunction.
He said the man worked locally and his employer, who was aware of the case, had a letter for the court and was willing to offer him work in the future.
He outlined that his client had been introduced to pornography in his first year of secondary school and began viewing it on computers at home.
He noted the report's remarks in relation to the psychological effects on children who are exposed to pornography and sexual violence online.
Mr Kelly said his client’s decision to plead guilty had been a difficult one, with his mother advising him to deny the charges. He said it appeared his client had gained some insight into his behaviour with the benefit of time away from his parents to reflect.
He submitted his client had mental health issues and was operating on a low intellectual level.
He said the man had expressed remorse in broad statements but struggles with the harm he caused. He said he has limited recall of the events.
He asked the court to give the man credit for the fact that while those who support him had pulled him in one direction, his sense of what was right had pulled him in another direction.
If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help.
