A man who defiled a teenage girl 20 years his junior on three occasions after plying her with alcohol has been jailed for six years.
The 41-year-old Dublin man, who can't be named to protect the identity of the complainant, pleaded guilty at Central Criminal Court to three counts of defiling the girl, then aged 14, on dates between September and October 2016.
The girl had been friends with the man's teenage nephews and was a girlfriend of one of them for a time, the court heard.
The man fled the jurisdiction after he was questioned by gardaí in relation to the offences and a 2018 trial date was set. He was extradited from the UK last year.
He was originally charged with rape, but guilty pleas to defilement were accepted. He has a small number of previous convictions.
Age disparity
Passing sentence on Thursday, Ms Justice Mary Ellen Ring said the man had breached the trust not only of the girl, but of his nephews and his wider family. She said the age disparity of 20 years between the man and the girl was an aggravating feature of the case.
Ms Justice Ring noted the man had entered guilty pleas, thereby sparing the victim the ordeal of a trial. However, she said he had also left the jurisdiction, which left the victim to “wait and wait for the wheels of justice to turn to finality” and remarked that this would have added to her distress and anxiety. As such, the judge said the man was not entitled to the “high level of credit” that is normally given for a guilty plea.
She handed the man a seven-year prison sentence, with the final 12 months suspended on strict conditions including that he place himself under the supervision of the Probation Service for two years post-release. She backdated the sentence to August 2022, when the man entered custody.
A local garda told Seamus Clarke SC, prosecuting, that the girl knew the man through his teenage nephews. The man's marriage had broken down and he was living with extended family members, the court heard.
Alcohol
The man gave the girl alcohol and offered her cocaine when she was hanging around with the teenage boys.
On the first occasion of defilement, the man – then aged 34 – met the 14-year-old girl in the park and gave her alcohol, including Bulmers and spirits. He then started trying to kiss her before he brought her into the bushes, pulled down her clothes and had sex with her.
During this time, the girl was affected by the alcohol she had drunk and was telling him to stop. She eventually managed to leave the bushes and met up with a teenage friend.
On the subsequent two occasions, the girl met the man at an apartment building where he engaged in sexual activity with her. He also sent her pornographic material on social media.
The offences came to light when the girl's mother noticed a message from an older man on her phone and the girl confided in a guidance counsellor in school.
The court heard the teenage girl had ADHD and depression at the time of the offences. She had engaged in self-harm and spent some time in hospital.
Recurring nightmares
She is now in her early 20s and was in court for the sentence hearing. In her victim impact statement, which was read to the court by Mr Clarke, the victim said she has suffered anxiety, depression and recurring nightmares following these incidents. She said she sustained “deep emotional scars” and her sense of security and self-esteem had been “shattered”.
Michael O'Higgins SC, defending the man, said he was a construction worker originally from Moldova who has lived in Ireland for over 20 years. At the time of the offending, the man’s marriage had broken down and he was struggling to accept this fact, counsel said.
The accused was drinking excessively at the time and his moral compass was “skewed”, Mr O'Higgins said. He is remorseful for his actions and wished to apologise to the complainant, the court heard.
Ms Justice Ring said she took into the account the contents of a psychological report which placed the man at below average risk of re-offending. She noted that the man has no previous convictions for sexual offending.
She said that the man's use of alcohol and drugs and the breakdown of his marriage were “part of the climate” in which the offending occurred, but did not excuse it. The judge also noted the use of alcohol by the man and that the victim had told him to stop.
The judge said the offending took place over a short period of time, adding that this was due to the victim revealing the man's behaviour, not his own actions.
Ms Justice Ring commended the girl and her mother for their actions in bringing the offending came to light.
