A Kildare man who “exploited” and used his six-year-old daughter for “his own sexual gratification” has been jailed for 10 years.
The 55-year-old man was found guilty by a jury of two counts of oral rape of his then six-year-old daughter at his home on dates unknown between June 6th, 2020, and January 17th, 2021.
He was also found guilty of one count of inviting a child to engage in sexual touching during the same period.
The man, who cannot be named to protect his victim's identity, denied all charges and does not accept the verdicts of a jury of the Central Criminal Court sitting in Tullamore earlier this year.
Imposing sentence on Monday, Justice David Keane said the man had acted in an “opportunistic way” and used the victim for “his own sexual gratification”. This was a breach of the trust between a father and daughter, he said.
He noted the victim's young age and that the man “exploited” her in his home, which should have been a “place of safety” for her. Judge Keane also stated that the victim had been “profoundly harmed” by these offences, according to the victim impact statement prepared by her mother.
Justice Keane imposed a 10-year sentence on both counts of oral rape and a sentence of seven years for the count of inviting a child to engage in sexual touching, all to run concurrently and backdated to March 24th.
He said he took into consideration the mitigation including the man's health issues and his lack of similar previous convictions.
Justice Keane noted that the man is classed as low to moderate risk of reoffending and will be a registered sex offender. He ordered the man to undergo three years of supervision post release and declined to suspend a portion of the sentence as the defendant does not accept the verdict of the jury, as it is “not possible to incentivise rehabilitation”.
An investigating garda told Roisin Lacey SC, prosecuting, that the girl and a sibling would go for overnight weekend visits to their father's home.
The offending came to light when the victim told her older half-sister and her mother that she was “in a secret club with Daddy”. Her mother then called the man, who started to cry.
When the victim asked “do you remember the secret club, Daddy?”, he called her “a liar” then pleaded with her mother not to do this as it would “destroy” him.
The young girl was interviewed by specialist gardaí and outlined two separate incidents during which the man put his penis in her mouth. In another incident, the man asked her if she wanted to “suck his private part”, but she refused.
Following his arrest, the man denied the allegations. The court heard that the victim rejected a defence suggestion during the trial that her older half-sister made up the allegations because of a grudge against the man.
The defendant has no previous convictions in Ireland, but has nine from the United Kingdom, including four for burglary and theft, which date back to the early 1990s.
It's the loneliest place in the world
A victim impact statement from the victim's mother was read to the court by Ms Lacey. The woman said it has been “devastating” to learn that her daughter had been abused, and her world had “flipped upside down”.
The woman said she feels she failed as a mother and her daughter's lost innocence can never be replaced.
She said what has happened “can't be put in a box and dealt with later”. “You have to learn to live with it. It's the loneliest place in the world,” she said, adding that she is “left feeling isolated” and has trust issues.
Her daughter is “trying to understand what happened to her”, gets angry and frustrated and has started to have issues at school. The woman said she worries for her daughter and how this could affect her into the future.
The garda agreed with Damien Colgan SC, defending, that his client chose not to have a solicitor present when interviewed by gardaí. It was also agreed that the man has two young children, including the victim, and adult children from a previous relationship.
Mr Colgan told the court his client left school at an early age and has a good work history. Since entering custody in March, he has worked in the prison gardens, but is unable to do so at the moment due to an injury.
Defence counsel noted that his client's future risk of reoffending is difficult to assess as he does not accept responsibility.
He said while his client does not accept the verdict of the jury, there are other mitigating factors that the court can consider including his client's health issues.
Mr Colgan said his client does not intend to return to Kildare on release. He asked the court to take into account that his client offered gardaí a level of cooperation and some concessions were made during the trial to shorten the process.
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.
