Donegal man is jailed for the sexual abuse of his younger sister over 20 years ago

A man who sexually abused his younger sister over 20 years ago has been jailed for three years.

The Central Criminal Court heard that the now 41-year-old man pleaded guilty to four sample counts of sexual assault that took place in the family home in County Donegal on dates between 2003 and 2005.

The court heard that at the time of the offending, the injured party was aged between 10 and 13 years of age, while her brother was aged between 19 and 21. He has no previous convictions.

The man initially faced a more serious charge. He initially stood trial in 2024, during which the injured party gave evidence and was cross-examined. However, this trial collapsed for legal reasons. Other trial dates were taken, but could not go ahead.

He pleaded guilty to sexual assault in October, with a more serious charge to be withdrawn by the Director of Public Prosecutions.

He cannot be named to protect his victim's right to anonymity.

Passing sentence on Wednesday, Ms Justice Karen O'Connor said this was premeditated and planned offending.

She said the defendant's behaviour was “clearly furtive”, which suggested he knew what he was doing was wrong. She also noted the victim was not believed when she disclosed the abuse, the family was left fractured, and she felt isolated.  

The judge said the significant breach of trust, the age disparity and the impact on the victim were among the aggravating features of the case.

She said the man was entitled to challenge the evidence of the more serious charge and that guilty pleas to the charges of sexual assault could have been entered at any stage in the process.

The judge said it was a “matter of fact” that there was no acknowledgement of wrongdoing or expression of remorse until October. She noted the man would receive credit for his guilty pleas.

Having considered his personal circumstances and the mitigation, she imposed a three-year sentence backdated to when the man went into custody. 

The investigating garda told Brian Storan BL, prosecuting, that the injured party was triggered by a noise which reminded her of the abuse, and she disclosed the abuse to her husband.

The abuse would occur on occasion when their parents may have been out or were watching TV.

The court heard that on one occasion, the defendant lifted the young girl on top of him, they were both fully clothed, and he would bounce her up and down on him. The girl could feel his erect penis while he did this.

The detective told the court about an incident that took place on Christmas Eve when the defendant told his sister to ask their parents if she could sleep in his bed. 

The parents had some concerns, but it was allowed. While they were in bed, the defendant “spooned” the girl and touched her stomach and chest. The girl could also feel his erect penis pushing against her.

The court heard that the abuse stopped when the defendant began dating. He was charged in 2021 but denied the allegations.

A victim impact statement was read to the court by the injured party, which said: “The effects are impossible to quantify. You were my brother; you should have been my protector.”

“You took advantage of times when our parents were preoccupied. You manipulated me into thinking it was normal”. 

The woman said: “I carried a constant state of confusion. Deep down, I was paralysed with fear, the innocence of childhood was stripped from me. I felt isolated and ashamed.”

She added “I could never escape you. You manipulated everyone.”

She described how “the abuse took more than just my childhood, it left everlasting wounds and fractured relationships.”

“You made me suffer more by contesting your innocence. Your guilty plea, only at the last moment, did not provide relief but anger; it did not reflect remorse but a strategy. I hope you now feel the guilt and shame that I did. The life sentence that I live daily will outlast any sentence that you get. “

She concluded by saying: “I ask the court to consider the gravity of your actions. I take comfort that I have faced you and that you have had to face me.”

Ms Justice O’Connor addressed the injured party directly and said: “I have received many, many victim impact statements, and this is one of the best I have ever received in giving insight.”

The judge said: “You are now an adult with a voice, and you have used your voice, and that voice will help others. I am very grateful to you for the insight you have provided to the court. You have been extraordinarily brave and courageous. You will help others who may not have a voice, and they will know they are not alone.”

The detective agreed with Padraig Dwyer SC, defending, that his client has no previous convictions and has not come to any adverse garda attention since.

The garda agreed with counsel in every encounter his client had with the injured party, his clothes were on. He also agreed that the issue of abuse was known within the family before an official complaint was made and that this caused tension in the family. 

Mr Dwyer said his client has lived a blameless life in the community up until now. He said that the offending occurred a long time ago and his client has apologised for it.

Counsel said the defendant comes before the court as a first-time offender, and a conviction like this will have a massive impact on him and a devastating impact on his family.

Mr Dwyer handed medical reports and character references into the court with a family friend describing the defendant as someone who “attends mass regularly, is a good family man who is kind and sincere.”

He asked the court to take into account the contributions this defendant has made to the community over the decades and asked that the court consider a fully suspended sentence or suspend a significant portion of a custodial sentence.