Man jailed for sexually assaulting two sisters

A DONEGAL man has been sentenced to 14 months in prison for sexually abusing two sisters as children.

The man, who is in his 50s, appeared at Letterkenny District Court on Tuesday for the sentencing.

In order to protect the anonymity of his victims, his name cannot be used.

The defendant had pleaded guilty to a charge relating to a date between February 17, 1992 and September 30, 2000, that he sexually assaulted a woman by touching her genitals while she sat on his knee.

He also admitted as part of an indictment that on a date between April 29, 1997 and March 20, 1998, he touched a woman’s buttocks under her pajama pants while she sat on his knee.

Giving evidence to the court, Detective Garda Michelle Kelly said one of the victims was playing a game of Nintendo at a relative’s home when the defendant began touching her vagina with his fingers. She believed she was around five years old when the incident occurred.

On another occasion he had unzipped the girl’s pants and placed his mouth on her vagina.

Around the time she made her first communion, he unzipped her pants again and used his mouth and his hands and fingers on her vagina.

She didn’t say anything about it at the time because she “didn’t really understand it.”

Det Kelly said the second victim remembered the defendant putting his hands around her waist and then touching her “butt cheeks”.

When the defendant was interviewed by Gardai he made “no comment” during each interview. Both complainants had made victim impact statements which were read out in court.

One of the women said she was a victim of child sexual abuse but had repressed the memories. She had become very shy and felt that this had led to her being bullied in secondary school. It resulted in “people walking all over me,” she added.

This made her “shy and backward” and afraid of dealing with the public.

In her statement, the complainant said she did not want the incidents to affect the rest of her life. “I survived the abuse and am no longer a victim.”

The second complainant said that “once fond memories” had been compromised.

After hearing what happened to her sister, she had felt guilty for not speaking out sooner. She said she thought about how if she ever had a child, she would never have been able to trust a man.

She was grateful for her family’s “amazing support.”

The defendant was called to the stand by his barrister, Colm Smyth, SC, and read relevant letters to his victims.

Regarding the first complainant he named, he expressed regret and said what he had done was “totally unacceptable and you didn’t deserve it.”

He said he took full responsibility for his actions and was aware of the impact it had had on her and what he did was “completely wrong”.

“I hope you find a solution,” he said, adding that he had no right to ask for forgiveness given the “pain and suffering” he had caused.

He told the second victim, whom he also addressed by name, that he had caused her “incredible pain” and left a scar. He said he was “really ashamed” and hoped she could one day forgive him.

He said he had betrayed the trust she had placed in him.

In court, the defense attorney said his client had cooperated fully with probation authorities and was at low risk of reoffending.

He had expressed “deep regret and shame” for what he had done and had full recognition of the damage he had caused.

He had submitted a sum of 14,000 euros to the court to offer his victims compensation.

In considering the sentence, Judge John Aylmer said the defendant was before the court for sentencing on counts 1 and 4. Judge Aylmer described the first point as a “gross breach of trust”. He classified the offense as moderate and deserved a two-and-a-half year prison sentence, without taking any mitigating circumstances into account.

“I have particular attention to the negative impact on the applicant which is ongoing,” Judge Aylmer said.

Considering mitigation, Judge Aylmer said it was found that the defendant had made an admission of guilt, albeit too late, but one which saved a trial and subjected both complainants to cross-examination.

He said the defendant had no other previous convictions and had not come to the attention of gardaí since these offenses.

Mr Aylmer said the defendant had shown “genuine remorse” and the court accepted this.

“I have letters from his wife and an excellent reference from his employer.”

A probation report prepared on the defendant contained several recommendations.

“I also note that the defendant suffers from depression, but that appears to be a reaction in this context,” Judge Aylmer said.

Taking all factors into account, Judge Aylmer imposed a prison sentence of 24 months, with the final 10 months suspended, on condition that the defendant enters into bail for 12 months.

He sentenced the defendant on counts 1 and 4 to serve 14 months concurrently.

“Furthermore, with a view to rehabilitation, I will suspend the final ten months on the condition that the defendant enters into a bond for 12 months after his release to keep the peace and that he is placed under the supervision of the probation service attend all appointments with the probation service and inform them of any change in your place of residence or contact number.”

The defendant was also ordered to comply with the Sex Offenders Act.

Posted: May 12, 2024, 4:00 p.m

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