A man who sexually abused his young cousin in a “gross breach of trust” over a four-year period has been jailed for 10 years.
The 34-year-old man was convicted earlier this year of 17 counts of sexual assault following a Central Criminal Court trial held in Waterford, relating to four-year period from April 2010.
He cannot be named to protect the anonymity of his victim, who is his cousin.
The court heard the victim had a difficult family background and was placed in the care of an aunt - the man's mother - when she was around eight years old, and he was 19.
The abuse took place in the man's family home in Co. Tipperary, while the girl was living there.
Imposing the sentence on Monday, Mr Justice Patrick McGrath said while there was “no added violence or intimidation”, it was a “gross breach of trust” by the man towards the young girl.
Mr Justice McGrath said the aggravating features include the type of offending, its “furtive and planned” nature, the age disparity and the breach of trust, and the vulnerability of the victim, which the man would have been aware of.
The judge noted the man was the girl's older cousin and this was a situation where he “clearly exercised some degree of dominion or control” over her.
Mr Justice McGrath set a headline sentence of 12 years to reflect the “serious and persistent” nature of the offending.
The judge said the mitigating features include the man's lack of previous convictions, his work record and family support.
Mr Justice McGrath noted the man now accepts the jury's verdict and has acknowledged his wrongdoing, but said this is of “limited value” as mitigation.
He imposed a sentence of 11 years with the final year suspended on strict conditions.
The court heard that the first incident of abuse took place in the aunt's bedroom when the girl was aged around 10 and off sick from school.
The man also abused the girl in a wooden area near the house on one occasion.
The abuse took place several times a month, when they were in the house alone. It generally occurred in his parents' room, where the man would hear a car arriving at the house.
The court was told there were periods when no incidents occurred because the man was away at training courses.
The girl made a disclosure to her aunt, who was supportive. When the man returned, his mother confronted him, and he apologised to the girl, promising it would not happen again. No abuse took place after this apology, which occurred before the girl started secondary school in 2014.
During the trial, both the man and his mother denied this conversation took place.
The man denied the allegations when interviewed by gardaí and while giving evidence in the trial.
The judge noted a psychological report and a number of references had been submitted to the court on the man's behalf.
In her victim impact statement, the now 23-year-old said her childhood memories were tainted by the abuse. She outlined its severe effects on her, including loneliness, pain and depression.
Mr Justice McGrath said the woman was a “very impressive witness” and “someone who has clearly gone through a great deal of pain and trauma as a result of offences perpetrated against her”.
He commended her bravery, adding that the way she gave her evidence was an “indication of her courage and strength” and wished her well for the future.
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.
