A man who repeatedly and violently raped his younger half-brother and sister over an extended period has been jailed for nine years.
The 32-year-old man, who can't be named to protect the anonymity of his siblings, pleaded guilty to nine counts of raping his younger sister and three counts of anally and orally raping his little brother at various locations in the south-east of the country.
The court heard these were sample counts that covered a lengthy period of offending from 2001 to 2010.
The man was aged between 10 and 19 years' old when he abused his younger siblings, while his younger brother was aged between seven and 12 and his sister was between six and 14 years' old.
Imposing sentence on Monday, Mr Justice Paul McDermott said the man “took any opportunity” to abuse his victims and the offending was carried out in “the most humiliating and demeaning” manner.
He noted the aggravating features include the repeated nature of the sexual offending, the breach of trust and the young age of the victims.
He said the victims' childhoods were dominated by fear and that while some of the incidents were opportunistic, others were planned and the man also took steps to ensure his offending wouldn't be discovered.
The judge said a headline sentence of 22 years would be appropriate if an adult had committed these offences, but the court had to take into account the man's age at the time.
While the man was young when the offending started, it continued through his teenage years into his young adulthood, the judge said.
He added that regardless of the man's immaturity when he started, the accused understood what he was doing and that it was wrong.
The judge said any allowance for the man's youth would be less than for a younger offender who committed a sexual offence within a shorter time frame.
Mr Justice McDermott imposed a sentence of ten years to reflect the man's overall offending, with the final 12 months suspended on strict conditions.
He also imposed a five-year period of post-release supervision as the court was concerned by the man's “limited engagement” with the nature and extent of his offending and “anxious to ensure his compliance” with appropriate services and programmes.
Mr Justice McDermott said that the victim impact statements set out the effects of the man's offending on his siblings and showed “the courage and character that’s necessary to present this type of material to other people”.
The judge said it is “perhaps difficult” for others to appreciate the “depths of damage done to people who are subjected to this type of behaviour”, but that both victims had articulated the harm done to them eloquently.
He noted the accused has been assessed as being at moderate to high risk of re-offending. He also said the probation report states that the man doesn't recall the specifics of his offending and identifies himself in some sense as a victim.
The judge said the report also outlines that the man has limited victim empathy and some appreciation of the harm caused.
Mr Justice McDermott said he had taken into account the mitigation and the man's personal circumstances. He noted the man has expressed remorse, but added: “it goes in tandem with the reluctance to engage fully with what he did.”
The court previously heard the man pleaded guilty to the charges on the first day of his Central Criminal Court trial in January.
A local garda detective told Dean Kelly SC, prosecuting, at an earlier sentence hearing that the man's half-brother came forward to gardaí about the abuse in 2019, followed shortly afterwards by his sister.
The man first abused his half-sister when she was six years old. Over the course of the next eight years, he raped her repeatedly in the family home. The court heard he often dragged her into his bedroom where he would lock the door, strip her and pin her down.
He played loud music on his games console so no-one would hear her or her brother cry and scream, the court heard.
In relation to his half-brother, he first raped him when he was eight years' old - pinning him down in the bedroom they shared and covering his mouth so no-one would hear him scream. On one occasion, the court heard he tied his little brother's arms and legs together with brown masking tape, before orally raping him.
The girl also witnessed this brother being raped, and the court heard of two occasions when the children were abused one after the other by their brother, while locked in the bedroom together.
The court heard of instances of the sister comforting her brother after he had been abused, hugging him until he calmed down or had cried himself to sleep. Neither child confided in their mother and their abuser warned the little boy that he would be taken away if he told anyone, and he would “never see his mammy again”.
In his victim impact statement, which was read out in court by counsel, the younger brother – now a man in his twenties – said he questioned himself for years and struggled to come to terms with his sexuality as a result of the abuse.
He said that at a time when he needed the help and protection of his older brother from bullies - “He turned out to be the bully.”
He said he hid the secret for years and struggled to understand how his brother could “cause so much pain and have no remorse”. He said the family dynamic was completely changed as a result of the abuse, but he said his relationship with his mother has gone “from strength to strength”.
“She is my rock,” he said. “She blamed herself and felt she didn't do her job as a mother.” But he said the only person to blame was his brother.
“I'm not a victim, I'm a survivor,” he said. “I am a strong, independent, fearless young man. But never forget: I was seven. I was eight. I was nine. I was 10. I was 11. I was 12.”
In her victim impact statement, which was also read out by counsel, the man's half-sister said the abuse left her struggling with depression, anxiety, flashbacks and difficulty sleeping.
“He ruined my life,” she said. “From the age of six, he took absolutely everything from me... He has taken so much from me, and he will never understand how much I have lost.”
Addressing her half-brother directly, the woman said: “You are a disgrace to society.”
“He should hang his head in shame. He is an absolute monster.”
The court heard the man has one previous conviction for drink-driving. He has a number of children with his partner. The court heard no child protection issues were identified by Tusla and the children remained in his care while he was on bail.
Kathleen Leader SC, defending, said her client had “behaved in an appropriate way towards his own children”.
She outlined her client's personal circumstances and background to the court. She said he is a “damaged person” who had previously experienced addiction issues.
She accepted that her client entered a late guilty plea, but asked the court to take into account that it was an acknowledgement of wrongdoing and had spared the complainants from giving evidence during the trial.
Ms Leader said her client has a good work history and is willing to engage in any therapeutic programmes or supports. She asked the court to consider his young age when the offending started and that he would have had less understanding of the difference between right and wrong.
