By Niamh O’Donoghue
A 21-year-old man is to be sentenced later for the rape and sexual assault of his younger sisters in Co. Waterford.
The man, who cannot be named for legal reasons, pleaded guilty to six sample counts of oral rape on dates between November 30, 2014 and November 30, 2016.
Ms Justice Karen O’Connor will sentence him at the Central Criminal Court on July 22 next.
A local garda told the court the events occurred when the older of the two sisters was between eight and 10 years old and the accused was aged between 12 to 14.
There are also two counts of sexual assault of his younger sister and the case was heard on a full-facts basis. That child was aged between eight and 11 when the offences occurred.
The court heard the events happened every second weekend when the girls, whose parents were separated, had access visits to their father’s house. They are now aged 17 and 14.
The older sister gave a video interview with gardai in April 2021 but the court heard the younger sister did not wish to undertake one. The court heard the younger sister never made a formal complaint and only made disclosures to family.
The abuse happened to the first sister when she was eight years old. The complainant said she did what he told her to do because she was scared of him and she felt she had to do it. She said the abuse happened every time she visited her father, which was every second weekend.
The complainant said her brother orally raped her more than 20 times. She said the abuse stopped when she was 10.
The younger sister told her father’s partner that the accused had been touching her private parts and when the partner spoke to the older sister, she told her what had happened to her. When it was put to the accused, he admitted the abuse had occurred. Their father told the gardai.
When interviewed by gardai, he did not ask for a solicitor and initially said he didn’t remember any more than touching his sister, but didn’t force her into anything. Later he told gardai he was going to plead guilty as he didn’t want to put his sisters on the stand. He has no previous convictions.
In a victim impact statement read to the court by Ms Eilis Brennan SC prosecuting, the older of his two sisters, who is now 17, said the abuse ripped her family apart and she started to self-harm.
“He would tell me things like no one would ever love me and I was lucky he was doing this to me,” she said. “He was supposed to be my brother and protect me”.
She said she used to use sleep as an escape but then began to have nightmares where she would scream but no sound would be uttered and she couldn’t wake herself up.
She said she couldn’t look at herself because she looks like her brother and it makes her feel physically sick.
The younger sister's victim impact statement, which was also read by Ms Brennan, stated that she was 12 when the sexual assaults were perpetrated on her by her brother, who was then 18.
She said she couldn’t control her anger and used to punch walls, but that it doesn’t happen as frequently now.
Ms Brennan told the court that the Director of Public Prosecution’s view were the offences warranted between 10-15 years imprisonment but it would have to be taken into consideration that he was a juvenile at the time.
Under cross-examination, Garda Foley agreed that the accused told gardai: “I’m pleading guilty to everything.” “I also won’t put my sisters on the stand, I would not do that to them.”
She also agreed with Colman Cody SC, defending, that his client fully co-operated and hasn’t come to the attention of gardai since.
Garda Foley further agreed that he has been shunned by his family, although he has some contact with his mother.
In mitigation, Mr Cody said there were probation and psychological reports before the court in which there was “some overlap” in terms of his family dynamic.
He told the court that his client was between the ages of 12 and 17 when he carried out the offences and that the court would have to assess his maturity at the time. He said his attitude towards the offending has significantly changed over the years and he has taken full responsibility for his actions. He acknowledged that it had taken away his sisters’ innocence.
He now lives in a hostel, is not in a position to work and has a sense of isolation. “He is now, in effect, a pariah.”
“He himself is a vulnerable man, as is evident from the reports,” said Mr Cody.
Mr Cody said the probation report placed him at a moderate risk of re-offending and the psychological report had put him at an average risk.
He said his client had difficulties as a child and his parents separated when he was eight years old.
Mr Cody told the court that his client was sexually assaulted when he was seven years of age.
The court heard he has a medical condition called ventricular tachycardia which “is an added stressor” for him.
Mr Cody urged the court if it were to impose a sentence, that it is as short as possible and structured in such a way that were he to reoffend there would be serious consequences.
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