An Offaly man who sexually abused his younger sister during her childhood has been jailed for four-and-a-half years.
In sentencing, Ms Justice Mary Ellen Ring told the woman that she should be proud of herself for taking the step to report her brother, that she was right to do so, and wished her well into the future.
She told the young woman that she had been vindicated by her brother’s admissions that he raped her, although she had waited too long for the guilty pleas.
The court heard there was “significant dysfunction” and violence within the family home. The case has divided the family, and the young woman does not have the support of her parents.
The 30-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 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 12, and she was just nine-years-old. The abuse continued until he was 15, and his sister was 12.
Protection order
The woman described in her impact statement how her brother had instilled fear in her, and she felt vulnerable and terrified walking the street of her hometown, even as an adult.
She told the court how she was left feeling unprotected by the law in the aftermath of making the complaint against her brother as an adult, as she did not qualify for a safety order since she was not in a relationship with her abuser, calling for a change in the law.
The woman, who describes herself as a survivor of sexual abuse, turned to face her brother in court during her impact statement and told him: “You are not a brother… you are a monster.”
On Friday, Ms Justice Mary Ellen Ring said the woman’s impact statement had been articulate and well-thought-out. She said right-thinking people would find it hard to disagree with her description of her brother as a monster.
She said the statement spoke of the hurt and terror the victim had endured.
She noted how the home had not been a safe place for the young woman as her brother continued to live there, and with the added lack of parental support, she became estranged from her homeplace.
The judge noted how the young woman had chosen a profession, which was testimony to her ability to show the care to others that she had been deprived of in her own home and life.
Family difficulties
She said that the accused man had outlined a background of physical abuse and ridicule at the hands of his father, but had a close bond with his mother, which had brought its own difficulties.
Ms Justice Ring noted the sibling's father had told gardaí, “I don’t want to know anything about abuse” when told of the allegations.
She said their mother was concerned about the impact the offending would have on her reputation and displayed little empathy for her daughter, and did not want her son to plead guilty.
Ms Justice Ring said it was to the accused man’s credit that he had ignored that advice and pleaded guilty. She said he had expressed remorse that was absent on the part of the siblings’ parents.
She said reports before the court detailed that the accused had begun viewing porn at a young age, and this had impacted on him. She noted such early viewing of pornography could become addictive and lead to other addictive behaviours, which was borne out in the accused man’s case as he also had issues with gambling.
The judge noted reports outlined that further intervention was required in relation to his addictions and mental health issues and to understand the consequences of his behaviour.
'Happy home'
Ms Justice Ring said the aggravating factors included that the accused was the woman’s older brother and that the abuse took place in the family home.
She said this included the girl’s own bedroom, which was a place of safety for most children, but for her was the place of her abuse where no one intervened to help her. She said the parents had failed to see what was happening.
The judge noted the siblings’ father, in his Garda statement, had spoken of the home as being a happy one as far as he was concerned, yet one of his daughters was being raped and abused in this “happy home”.
She said the court was satisfied that the accused knew what he was doing was gravely and seriously wrong.
The judge said the primary mitigation in the case was the man’s guilty pleas. She noted how the woman had described how the late guilty pleas and his initial denials had added to her distress.
Ms Justice Ring said this was sadly a common experience for victims, but the court could not overlook that the added trauma of giving evidence in a trial had been avoided, and the accused was entitled to credit for his guilty plea.
She said that if the accused man had been an adult at the time of the offending, the headline sentence would have been 13 years, but taking into account that he had been a child, that there had been no further complaints, and that he had shown remorse, she set a headline sentence of six and a half years.
Ms Justice Ring also took into account he had no prior convictions and had pleaded guilty and made a further reduction of 12 months, setting a headline sentence of five and a half years.
She said in this case, she was also concerned about his mental health issues and the need to address his sexual offending, victim empathy and addictions.
She suspended the final 12 months on strict conditions, including that he engage in therapy and services related to those issues, and have no contact with his sister for five years upon his release.
