Man who sexually abused his daughter during her childhood jailed for 12 years
The court heard the man's daughter was aged between 10 and 14 years old when she was abused
A man convicted of sexually abusing his daughter during her childhood has been jailed for 12 years.
The young woman told his sentence hearing earlier this year that she was left feeling like the person on trial during the court process.
The 51-year-old man, who cannot be named to protect his daughter’s identity, was convicted at the Central Criminal Court of 12 counts of sexual assault and five counts of oral rape of his daughter on dates between 2010 and 2015 following a trial earlier this year. He has no prior convictions.
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The court heard that his daughter was aged between 10 and 14 years old when she was abused.
Ms Justice Eileen Creedon set a headline sentence of 13 years for the rapes and nine years for the sexual assaults taking into account the nature of the offences, the breach of trust, the time frame and the fact the accused was the injured party's father.
She also noted the offences had taken place in the woman’s own home, which should have been a safe place for her.
She said the victim impact statement had been comprehensive, outlining clearly the negative impacts.
Ms Justice Creedon noted the accused had no medical or addiction issues, but said there was little by way of mitigation in the case. She said there had been no remorse or empathy, which even at this stage would have been beneficial.
She said the man had been convicted following a full jury trial which was his entitlement, and could not be afforded the mitigation available to him if he had pleaded guilty. She said she had to be mindful the accused man will need to reintegrate into society
Ms Justice Creedon imposed concurrent sentences totalling 12 years.
In her victim impact statement, the young woman said the abuse impacted every aspect of her life and affected her in ways she did not fully grasp until she was older. She said it will continue to affect her for the rest of her life.
She outlined how she had been unable to avail of therapy as a teenager due to waiting lists and financial constraints. She described how she accessed counselling prior to the trial and said it was “surreal” that these notes, some of which were incorrect, were then taken and used in the trial.
She described how she feared the notes would be “nitpicked” and used to make her look like a liar.
She said there was huge stress on her body as a result of the abuse and stress, with issues including interrupted sleep, self harm, anxiety induced IBS, chest pains, headaches and migraines, extreme fatigue and hypervigilance. She has been diagnosed with complex PTSD.
She described how her life was “utterly different to anyone else my age” and she found it difficult to explain to friends what had happened to her as they could not grasp the enormity of it. As a result, she said she had little support, as friends either did not understand or did not know.
In talking about the trial process, she said she had been “horrified” when she saw where she would be sitting as a witness, in relation to the defendant. She asked how a victim was supposed to cope being able to hear the accused snorting or scoffing at evidence.
“How are you supposed to be calm and focused in that situation,” she asked.
She said she had heard a person telling another victim that she was not the one on trial and felt like shouting across the room. She said it had been her on the stand being questioned. “How is that not me being on trial,” she said.
She said she had felt she was on trial for the past six years. She stated that the “whole process was a joke” and was not well set up, actively causing more stress to victims. She said there was little support available.
She said she was grateful this part of her life was closing and thanked those who supported her.
An investigating garda told Seamus Clarke SC, prosecuting, that the abuse took the form of the accused man touching his daughter’s genitals and breasts and putting his tongue in her mouth before escalating to oral rape.
The abuse came to light when the child disclosed it to her mother in 2017 when she was reluctant to go and see her father. Gardai were contacted and carried out a specialist interview.
The accused man denied the allegations when interviewed by gardai.
James McGowan SC, defending, handed in two character references on his client’s behalf.
The first from a female friend outlined how he was thoughtful and considerate, as well as working hard to support his family. She said he was a “good guy and a good friend.”
The second from his new partner described how she relies on him and outlined the impact of his being in custody on their young family.
Mr McGowan said his client has health issues that will not be assisted by him being in custody.
He said he was a man who was deeply involved in family life and has always worked.
He said incarceration will have a deep effect on him and he asked the court to be as lenient as possible.
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