National: Lengthy prison sentence for man who raped and sexually assaulted his daughter’s friend

A MAN who raped and sexually assaulted his daughter’s friend over a four-year period has been sentenced to 13 years' imprisonment

The now 17-year-old read her victim impact statement during the sentence hearing of the Laois man earlier this month, during which she said that she felt more on trial than the defendant during the court process.

The now 40-year-old, who can't be named for legal reasons, was found guilty at the Central Criminal Court, last July, of 12 counts, including sexual assault, aggravated sexual assault, rape, anal rape and oral rape of the girl in various locations in the State on dates between October 2012 and July 2018.

The man was also found not guilty of one count of sexual assault. The court heard he continues to deny any wrongdoing.

The victim was a friend of the man's daughter. She was aged between seven and 11 at the time of the offending.

In her victim impact statement, the girl described the man as a “predator” who came into her life when she was seven.

She said she lives in a “constant state of fear” and has severe anxiety, depression and post-traumatic stress disorder. She said she started counselling when she was 11, but it took two years before she “felt safe enough” to tell someone what had happened.

She said the trauma has “not gone away” and - referring to the court process - she said that at times “she felt more on trial than he was”.

She said she was “made to feel like I was in the wrong” and it was implied that her tears during the cross-examination were “convenient”.

She said her schoolwork suffered and she isolated herself from friends. The victim said she also felt the men in her family could not be trusted and she didn't want to be left alone with her father.

The complainant said she is worried about how the abuse will affect her into the future. While the man had taken “so much” of her childhood and adolescence, she said she is “not willing to let him take anything else”.

Ms Justice Karen O'Connor thanked the victim for her articulate report. She said the girl would help other children in similar situations to know they are not alone. The judge also expressed the hope that the girl would continue with her studies in the future.

Sentencing the man this Monday, Ms Justice O’Connor said the girl had been taken advantage of in the “most cruel way” noting that elements in the case were “unusual and concerning”, including the use of a mobile phone, the insults and threats issued to the girl, including a threat to kill her pet dog if she disclosed the abuse.

The judge noted that there were four separate types of offending in four separate locations, which included the girl’s family home – “a place where she should have felt safe”.

Ms Justice O’Connor said the man’s behaviour was “predatory” and said the impact on the teenager was the “most significant aggravating factor”, noting that she had become withdrawn and her mental health had deteriorated.

The judge accepted that while the man was entitled to deny the allegations, there was now no mitigation available to him by way of a guilty plea that would have spared the teenager the trauma of giving evidence at trial.

She noted that he has a wife and two teenage children and is very much loved and highly regarded by them and extended family members.

Ms Justice O’Connor imposed concurrent sentences of 13 years, having noted that the two rape offences warranted a headline sentence of 14 years. She suspended the final six months of the 13 years on strict conditions.

Ms Justice O'Connor commended the teenager on “her dignity and courage” throughout “this difficult process” which, she said, is particularly difficult for a child victim in offences of this nature.

She also noted that “the matter was addressed in a professional way by counsel throughout the trial”.

An investigating garda told Gerardine Small SC, prosecuting, at a previous sentence hearing, that the victim was aged seven when the first incident occurred. The man exposed himself to the girl and touched her vagina at a party.

On another occasion, the man was doing some work in the victim's family home. He raped her in her mother's bedroom, before anally raping her. He then grabbed her and said if she told anyone, he would kill her dog.

On one occasion, the victim and the man's daughter were playing with dolls, then started arguing. The man took the girl to his bedroom, then put her hand on his penis and made her masturbate him before digitally penetrating her.

In a separate incident at his home, the man told her she was very special to him and that she could be special to other people. He then recorded himself vaginally, orally and anally raped her. On another occasion, he tried to choke her then attempted to digitally penetrate her, while recording it.

In the final incident, the man slapped the girl, who was then aged 11, on the face and told her she was worthless. He orally raped her, then put his hands around her throat and started to choke her.

The court heard that the victim told gardai that the abuse occurred more than 20 times, but could not recall all the incidents. She told her mother about the abuse in 2020 and it was then reported to gardai.

The man was arrested in April 2021 and was interviewed on six occasions, during which he denied the allegations.

The investigating garda agreed with Mark Nicholas SC, defending, that his client's previous convictions are for minor road traffic offences. It was further accepted that while the man denied any wrongdoing, he answered questions during interview.

The court heard the man has a long work history and has been involved in local sports organisations.

Mr Nicholas asked the court to take into consideration the fact his client had led a “blameless life up to this point”. A number of testimonials were handed into the court on behalf of the man from family and friends.

Ms Small told the court that the Director of Public Prosecutions suggested a headline sentence of 10 to 15 years in this case due to the victim's young age, the man's position of trust, the use of violence and threats and the recording of videos.