A man who sexually abused two young brothers has been jailed for eight and a half years.
The man, who cannot be named for legal reason, is the husband of the boys’ aunt. He was convicted by a Central Criminal Court jury of sexually assaulting the first boy at a location in Dublin between March 1996 and May 1997.
He was also convicted of sexual assault and anal rape of the victim’s younger brother between February 2000 and June 2001. The boys were aged eight and six or seven years old at the time.
An investigating garda told Conor Devally SC, prosecuting, that the older brother first reported that he had been sexually abused by the man in 2005 but was later advised that the case could not proceed to trial.
His younger brother revealed that he too had been abused by the same man in 2016. The man was arrested but made no admissions during subsequent garda interviews.
At an earlier hearing, Ms Justice Caroline Biggs thanked both men for their “heartfelt, compelling and comprehensive victim impact reports".
Ms Justice Biggs on Monday noted the severe and long-lasting effects of rape and sexual violence on children. She wished the injured parties well and said she hoped with continuing counselling they would have good lives.
She commended their bravery in engaging with the criminal justice system.
Ms Justice Biggs noted in the circumstances of this case that mitigation could not be afforded to the accused for a guilty plea or remorse or to make a reduction in sentencing to encourage rehabilitation.
She said she was not going to impose consecutive sentences in this case but acknowledged that the accused had abused two boys from the same family with a break of some years in between.
Ms Justice Biggs set a headline sentence of ten and a half years but taking into account mitigating and personal circumstances she imposed concurrent terms totalling eight and a half years' imprisonment to date from June when the man went into custody.
Victim impact statements
The men's victim impact statements were read into the record by Mr Devally in which the older brother’s spoke of how the first time he reported the abuse to gardaí, he was told the case would not proceed on the basis that there was not enough evidence.
He said he had suffered at the hands of “a paedophile” and he had been “failed” by the Irish justice system. He said he developed an unhealthy coping mechanism which led him down a path of “self-destruction”.
The man described the accused as “a vile human” and added: “No longer will I allow the sick ways of this predator to hold a weight over my future.” He said he got comfort from the fact that the man will not be able to harm anyone for a long time.
The younger of the two brothers referred to the man as “a predator”, “a monster” and the “disgusting human being who abused me” in his victim impact statement.
He spoke of how his childhood was full of “anger and hatred” when he should have been running around playing like other children.
He said the man’s words “no one would believe you” had “taunted and taunted me for years”. He said when he ultimately found “the strength and courage to speak up – in the depths of a depression”, his speaking up “did not ease my pain”.
He said “ashamed, disgusting, worthless, fearful and lonely” were words that did not even come to close to describing how he has felt over the years.
He described how as a child he went to bed wondering “if I would wake up to smell stale smoke and feel his body weight pinning me to my bed”.
The man said he is now “stronger than ever” and he continues to grow stronger, “knowing the monster is behind bars”.
He spoke of how no one believes the man now and how he hopes he “rots” in jail.
The investigating garda told Mr Devally that the older brother said when he was a child he would regularly stay in his aunt’s home where she lived with her husband, the accused.
He said on one occasion, when he was about eight years old, the man got into the bed he was sleeping in and sexually assaulted him after removing his pyjamas bottoms. The man said he burst into tears and fell asleep crying.
His younger brother said he was six or seven years old when he was also staying in his aunt’s home and the man came into his bedroom. He said he woke up to find the man touching him under his pyjamas before he was pinned to the bed and raped.
He said he was unable to move or shout as the man had his hand over his mouth. The man told gardaí that the man said nothing to him.
He said he was sexually assaulted in a similar way on a second occasion. At one stage that night, his aunt came into his bedroom and asked her husband what he was doing in the room and the man replied he had just been checking on the child.
Eanna Mulloy SC, defending, acknowledged that a probation report before the court indicated that the jury’s verdict was “not accepted” by his client.
He said his client is using his time on remand in prison well and is undertaking courses.
Mr Devally said the Director of Public Prosecution places the cases in the lower end of the more serious range of such offences and warrants a prison term of between 10 and 15 years due to the victims’ vulnerability because of their ages at the time of the offence and the fact that the man was a “trusted authority figure” and they were under his care.
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.
