‘You took my safety away’, Donegal woman tells relative who sexually assaulted her

A Donegal man who was set to stand trial for two counts of sexually assaulting a relative has pleaded guilty.

The man, who is in his 30s and cannot be named for legal reasons to protect the identity of the victim, appeared at Letterkenny Circuit Court.

The court heard that there is an age difference of eight years between the defendant and the victim.

Garda Cathriona Flynn told barrister for the State, Ms Fiona Crawford BL, that the man pleaded guilty to two counts of sexually assaulting the girl by touching her genitals. 

The charges related to incidents in 2009 and 2010. At the time, the victim was eight years old and the offences related to separate addresses. 

After the incidents came to light, the girl’s mother outlined to gardai what was being alleged. 

The girl reported that she was in her own house when she was sitting on the accused’s knee before going to bed. She recalled everyone going to sleep and when she woke up she felt someone kissing her face. The defendant took her downstairs by the hand before undressing her.

She told gardai that she did not know what was happening at the time. The man lay on top of her and was “breathing heavily” as he touched her genitals.

She said he told her not to tell anyone and she became “a bit weary” of him and clingy to other people after the incident. 

The second count related to an incident at the defendant’s home. He took her outside before returning into the house to get a glass of milk. The woman recalled that the defendant leaned forward and tried to put milk in her mouth, which she refused. Later she recalled laying down on the grass and the relative putting his hand behind her head and kissing her - “proper grown up kissing”.

She told interviewing gardai that she “just lay there” and “just froze” as he again touched her genitals. He also told her on this occasion not to tell anyone.

The court heard that it was not until undergoing sex education in school that she realised what the man did was wrong.

When interviewed by Gardai in 2017, the man made no admissions. The case was listed several times to be heard before a jury, but just prior to a planned trial last year, he entered a guilty plea.

The woman took to the stand and delivered a victim impact statement in which she told the accused man: “Not only have you stolen my youth, but my childhood memories.”

She said the defendant “stripped away my safety in my own home” and had used her innocence to his own advantage.

She said: “He knew and understood what he was doing was wrong and he made sure that I didn’t tell anyone by scaring me into thinking that I would be disowned, unloved, alone and unwanted.”

The victims said the incidents affected her anxiety later in life and she had to take time off work and college. 

“I can’t trust others,” she said. “I am frightened as to what others will do to me. I feel like I don’t have control of my life…You took my safety away.”

The man was put in the witness box by his barrister, Mr Colm Smyth SC, and told the court that he acknowledged that he was guilty.

“I am guilty and I am deeply regretful,” he said. “I feel great shame. I am here today to right my wrongs.”

The accused said he could not “bring myself to admit these things” in the past.

A report outlined that the man has “discernible autistic trends” but he has not been formally diagnosed. He said he has tried to avail of services, but any that were available were private and “extremely expensive”.

He added: “I can’t imagine the level of anguish that (victim) has gone through. I regret that my actions caused her to feel overwhelming disgust.”

Mr Smyth said his client has pleaded guilty on legal advice and has explained why he indicated to a doctor that he has no recollection of the incident. Mr Smyth quoted a medical report which said that the man presents as immature with autistic traits. 

Mr Smyth outlined that the man, who has no previous convictions, is placed as a low to moderate risk of reoffending and there is “no evidence of any paedophillic interests”. He said the man has problems in reading peoples’ emotions and that he has alleged that he was raped as a child.

He told Judge John Aylmer that the defendant was a child at the time the offences were committed, albeit that there was an eight-year difference to the victim.

He asked the court to consider that a provision was made by the Court of Criminal Appeal whereby the court can take account of the fact that it was a child who committed the offence and, as a result, there can be a significant reduction on the tariff applied.

“I ask you to have regard for the fact that there are issues in his own life that have not been investigated, albeit that is no excuse,” Mr Smyth said, adding that the “latish” plea would be of help to the court.

Judge Aylmer remarked that the probation report is negative due to the man’s lack of admission.

Mr Smyth sought to have his client reassessed given that he has now acknowledged in open court his guilt and responsibility. 

The case was adjourned to October.