By Fiona Ferguson
A Co Kilkenny woman who was sexually abused by an older cousin during her childhood told the man the burden of shame and guilt was now his to carry.
Bill Irish (30) was today/yesterday (MON) jailed for five and a half years at the Central Criminal Court.
Mr Justice Kerida Naidoo commended Hannah Irish (25), who has waived her anonymity so her abuser can be named, for coming forward with her complaint. He noted it was essential that injured parties come forward, not just for themselves but also for other people.
Ms Irish told the court that going to the gardai was the hardest thing she had ever done but realising that what happened to her could happen to another child gave her the courage to speak up.
Bill Irish, of Mountain Road, Airmount, Slieverue, Kilkenny, was convicted by a jury following a trial last November of sexual assault and oral rape of his young cousin on dates between 2004 and 2010.
Irish was aged between 12 and 17 years old during the offending, while Hannah was a child between the ages of 7 and 12 years old at the time. He has no previous convictions.
Speaking outside court, Hannah Irish said today was the start of a new chapter in her life.
“The weight of carrying the guilt and shame ends today,” she said. “Taking the step to speak to the guards was freeing. To feel heard and listened to kept me going through these tough six years.”
“Having such a strong immediate family supporting me kept me fighting.”
“Today is a huge day of justice for me and for anybody else affected by abuse please know it will be OK and never be afraid to seek help,” she said, “You really don't know the strength you really have.”
Passing sentence today/yesterday (MON) Mr Justice Naidoo noted the profound impact the abuse had on Ms Irish and the struggle she endured to move forward to fulfil her “considerable potential.”
Mr Justice Naidoo said Ms Irish had described an “idyllic” early youth in her victim impact statement but the better part of her childhood had been “poisoned” by the abuse.
Having regard to the seriousness of the crime, he noted all sexual offences were crimes of violence but accepted there was not gratuitous violence in this case over and above the acts themselves.
He took into account the breach of trust by the accused as an older cousin whom the other children looked up to and the fact that Irish had been a constant presence in her home, increasing her isolation.
The judge noted in mitigation the accused man had been a minor, legally a child, throughout the offending and his age was an important factor. He said his immaturity reduced his moral culpability.
Mr Justice Naidoo noted a probation report outlined that Irish does not fully accept his guilt. He said Irish accepted that something happened but does not accept his cousin’s account or the extent of the abuse.
He said there was a significant level of denial and minimising outlined and Irish ultimately does not accept his wrong doing. He noted that he had not come to any further garda attention.
Mr Justice Naidoo set a headline sentence of 14 years, which he reduced to seven years taking into account his youth at the time and the mitigating circumstances. He suspended the final 18 months on conditions.
Garda Elizabeth Farrell told John O’Kelly SC, prosecuting, that the cousins lived close to each other in the area of their grandparents’ farm. The families spent a lot of time together and the children met regularly to play.
Gda Farrell said the sexual abuse took place in the vicinity of their homes and in areas where they would play such as fields, a forest and a “camp” they set up by a stream. It took the form of sexual assaults where she had to touch his penis, forced kissing and oral rape.
In her victim impact statement Hannah described a happy early childhood growing up on a farm surrounded by family. She told how she loved helping out with jobs on the farm, going on the tractor, the thrill of assisting the vet and bringing the cows in with her father.
“There were plenty of people to play with and no apparent danger in sight,” she said.
She said when the abuse began she started to feel different and knew it was a “horrendous secret.”
“My life changed the moment he abused me,” she told the court.
She said Bill was an older cousin so “what he said went.” She said the manipulation and control she was under was “like a spell” and she did what she was instructed to do.
She said she was unable to process the gravity of what was happening to her and was so ashamed and embarrassed, feeling anger and rage inside her. She grew an “invincible shell” to pretend she was strong.
She described how when others were thinking of their first kiss, she had to swallow the bitter pill that Bill Irish had already taken that from her.
She described having to bury the trauma of seeing him in her everyday life and in her own home, despite suffering nightmares and flashbacks. She began to wonder if life was worth living.
She told the court how sport, particularly camogie, became her outlet and support on her darkest days.
Ms Irish said she when she finally spoke to gardai she felt that she was finally heard and listened to and would be forever grateful.
She said this was the start of the “hardest fight of my life”, describing how painful she found the court process. She said being on the stand for three days during the trial and spending a weekend under oath had been an ordeal but she had enough of being silent.
“Bill you created this pain, no one else but you and your actions,” she said.
She said he could have finally done something good but chose to put everyone through the trial.
She said she had felt what happened was her fault for so long but now knows she did nothing wrong. She said that it was now the start of the next chapter of her life, free of the weight of carrying shame.
“I am strong, brave and powerful and I am not going to let this determine my future,” she said.
She told Bill Irish that the burden of shame and guilt was now his to carry. She thanked those who supported her including her family and her partner.
Vincent Heneghan SC, defending, handed in a number of testimonials on his client’s behalf from family friends, his partner and his client’s brother.He asked the court to take into account his client’s previous good character and that he has led a good life subsequently in which he has worked, got an education and is in a long-term relationship.
He said Bill Irish has good family support who will be there on his release. He said he is “not someone who stands alone.” He asked the court to look at the way the trial was contested submitting it was in a “respectful manner.” Counsel asked the court to be as lenient as possible.
