A man who sexually assaulted his sister while he was “significantly intoxicated” has been given a four and a half year sentence with the final year suspended.
The 47-year-old Limerick man, who cannot be named to protect the identity of the complainant, called his sister by another woman's name before telling her: “I'm going to have sex with you” and dragging her to the bedroom of his homeless accommodation.
The man hit her and pulled down his trousers as she yelled at him to stop, telling him: “I'm your sister”, the Central Criminal Court heard.
The attack ended when two neighbours heard the screams and made their way into the man's apartment.
The man pleaded guilty to one count of sexually assaulting his sister at an apartment in Limerick on October 26th, 2019. He has three previous convictions and has been in custody for two years on this and other matters.
Movie night
A local garda told the man's sentence hearing in November the siblings were watching a movie in his accommodation on the evening of the attack. The man was drinking heavily and smoking a joint, the court heard.
The man suddenly called out the name of a woman with whom he had had a previous relationship before attacking his sister, the court heard. When the neighbours stopped the attack, he told them: “I know it's wrong. I smoked a joint, my head wasn't [acting] right.”
The court heard the man's sister did not wish to make a victim impact statement and she was not in court for the proceedings.
Dean Kelly SC, defending, said his client had limited intellectual ability and left school at primary level. Despite this, he kept down steady employment in the farming and building sectors for years before he lost his job.
His life then “spiralled”, his alcohol addiction worsened and he became homeless, the court heard, while it was also noted that he has limited sexual experience.
Mr Kelly said the man's sister also had issues with alcohol and was living in nearby homeless accommodation. He submitted his client was “significantly intoxicated” at the time and was “at a loss” to explain his behaviour.
“He can't explain why he did it. He knows its wrong and he's ashamed,” Mr Kelly said.
Sentencing the man on Friday, Mr Justice Paul McDermott said there were a number of concerning features of the attack, including its unexpected and sudden nature, the degree of physical force and the fact his sister was intoxicated and vulnerable.
He said the manner in which the assault was carried out was humiliating and degrading for the victim, and all the more so because it was her brother carrying it out.
The judge noted the man’s guilty plea, his personal and social problems and his strong work record prior to losing his job due to his alcoholism. He said the man would need multi-agency support to address his issues and is at a moderate risk of reoffending.
Mr Justice McDermott imposed a sentence of four and a half years with the final year suspended for two years. He said the part suspension was to ensure some stability be brought back into the man’s life with the necessary supports.
The conditions include that he attend any rehabilitation program considered to be appropriate for his needs to address his addiction and the nature of his offending. The judge also ordered that the man abstain from alcohol and illicit drugs.
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. In the case of an emergency, always dial 999/112.
