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'Which one of us was the free rape?': Rape survivor criticises concurrent sentencing

Leona O’Callaghan waived her right to anonymity so her rapist could be publicly named.

Trigger warning: This article discusses rape, sexual assault and suicide 

A RAPE SURVIVOR has criticised concurrent prison sentences and asked the Justice Minister to address the issue.

Patrick O’Dea (51), also known as ‘Whacker’, of Pike Avenue, Limerick, was today sentenced to 17 years in jail for grooming and raping Leona O’Callaghan as a child. 

Leona waived her right to anonymity so O’Dea could be publicly named.

He pleaded guilty on the second day of his trial at the Central Criminal Court to charges of sexual assault and rape on dates in 1994 and 1995.

O’Dea is already serving 15 years in prison for raping a different girl, and today’s sentence will run concurrently. 

O’Dea was 28 years old when he groomed a then 12-year-old Leona before eventually raping her in a graveyard. He continued a sexual relationship with her after manipulating her and isolating her from her friends.

Speaking to RTÉ One’s Claire Byrne Live tonight, Leona said when a person is convicted of raping two different people but the sentences run concurrently it “feels as though one of those rapes is a free one”.

She asked Justice Minister Charlie Flanagan, who was present in the studio, ‘Which one of us was the free rape?’

Flanagan said he was not in a position to comment on individual cases but commended Leona on her bravery in coming forward.

‘It tore me to pieces’

Leona told the minister how difficult the last four years have been as she awaited the outcome of the trial.

Ms Justice Deirdre Murphy imposed a sentence of 18-and-a-half years on O’Dea. She suspended the last 18 months in recognition of his the plea of guilty and his willingness to take part in a psychological assessment.

Leona said she is “satisfied” with the sentence but “found it hard to see the whole thing through”.

She said predators “thrive” and “depend on” anonymity, adding: “I wanted him held to account.”

In a powerful victim impact statement, Leona earlier told the court how the traumatic series of events impacted her relationships with her loved ones, and led to three suicide attempts.

Criticising lengthy delays and how rape cases are handled, Leona told Flanagan:

The current process is not working, it’s not okay. I barely made it through. I sit here and look you in the eye and I tell you it tore me to pieces.

Flanagan said her case was “harrowing” and “a story that many women have told over recent times”, adding: “I’m determined to do something about it.”

The minister said a review into how rape trials are handled and the supports received by complainants, currently being overseen by NUI Galway Law lecturer Tom O’Malley, is expected to be completed by the end of the year or very early next year.

On Saturday, Flanagan said he intends to bring a proposal to Cabinet by the end of the month for a second major national study on sexual violence in Ireland.

It’s been 16 years since the Savi – Sexual Abuse and Violence in Ireland – report, was published. Earlier this year, Taoiseach Leo Varadkar committed to conducting another report.

The minister said he expects the survey to begin next year, stating that it should be completed within 18 months.

Need help? Support is available:

  • Samaritans 116 123 or email jo@samaritans.ie
  • Aware 1800 80 48 48 (depression, anxiety)
  • Pieta House 1800 247 247 or email mary@pieta.ie (suicide, self-harm)
  • Teen-Line Ireland 1800 833 634 (for ages 13 to 19)
  • Childline 1800 66 66 66 (for under 18s)

Helplines:

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28 Comments
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    Mute Starburst
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    Nov 19th 2018, 11:31 PM

    She asked a fair question.

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    Mute Margaret O Neill
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    Nov 19th 2018, 11:44 PM

    Well done Leona, you are a very brave young lady. I absolutely agree with you, the concurrent sentence is not justice.

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    Mute Abbie Cranky
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    Nov 19th 2018, 11:46 PM

    Anyone convicted of this twice. And fully admitting guilt, should not see the light of day.

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    Mute Pat Hannon
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    Nov 20th 2018, 12:00 AM

    On the last day of the first sentence he should be brought outside the prision for ten minutes to be met by photographers and then taken back inside to start the next 17 years.

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    Mute Damian O' Farrell
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    Nov 19th 2018, 11:40 PM

    Total respect to Leona O Callaghan ….her victim impact statement hit so many nails on the head … how many more Leona s will there have to be before our justice system puts the victim’s rights at the front and centre of our judicial system.

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    Mute Vonny
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    Nov 19th 2018, 11:46 PM

    @Damian O’ Farrell: and how many reports will they do? Changes don’t seem to follow their findings

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    Mute Chris Kiely
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    Nov 19th 2018, 11:45 PM

    Concurrent sentences are an absolute joke. Why do we put up with this sh..t. I feel so sorry for that woman and ashamed we live in a society that seem to treat the perpetrators better than the victims. We march on the streets against water charges but this is OK ?…….

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    Mute KerryBlueMike
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    Nov 20th 2018, 8:01 AM

    @Chris Kiely: Yeah but the water charges were €4 a week.

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    Mute SC
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    Nov 20th 2018, 8:05 AM

    @Chris Kiely: it affected more people and it was a situation where people power would clearly win. That’s not always the case.

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    Mute Ronan Sexton
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    Nov 20th 2018, 1:00 PM

    @KerryBlueMike: Still sour your scam failed? Good.

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    Mute Frankie Mangan
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    Nov 20th 2018, 3:53 PM

    @Chris Kiely: organise a march then. That’s what we did with the water protests.

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    Mute Frankie Mangan
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    Nov 20th 2018, 3:55 PM

    @KerryBlueMike: It was a tenner a week for something we already pay for but don’t let that stop you.

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    Mute Vonny
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    Nov 19th 2018, 11:44 PM

    What a brave and courageous woman. Must be terribly difficult after all she has been through. I hope her words make a difference.

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    Mute Liam Carlin
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    Nov 19th 2018, 11:44 PM

    Yet at the same time fellas get consecutive stretches for relatively minor offenses. Surely there should be seen to be some sort of consistency. Also if the courts insist on concurrent sentencing, if some one commits one offense what’s to stop him saying to himself “ well I’m gonna do do the same time , I might as well do a few more while I’m at it “ ?

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    Mute Anthony
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    Nov 20th 2018, 2:59 AM

    @Liam Carlin: they don’t get consecutive sentences for minor offences. Usually taken into consideration which means the same thing as concurrent.

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    Mute Susan Lynch Mooney
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    Nov 20th 2018, 4:49 AM

    That question is very powerful… I never thought about it like that. She’s 100% correct.

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    Mute Liam Carlin
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    Nov 19th 2018, 11:45 PM

    Also well done Leona

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    Mute Derek Corcoran
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    Nov 19th 2018, 11:48 PM

    Brave woman hats off

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    Mute Jim Harrington
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    Nov 20th 2018, 12:36 AM

    Well done Leona very brave,hope Charlie Flanagan is as brave and does something about concurrent sentences, but I have my doubts,sadly they will just conviently forget about it,but hopefully you and other women will not let them forget

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    Mute John McCarthy
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    Nov 20th 2018, 12:36 AM

    As a survivor of rape and abuse I’m finding it very difficult to cope with these articles. It’s one thing to focus on the truth, it’s another to see the comments/and or court response to show the disrespectful nature towards survivors. I just don’t know how to go on. I’m a guy I was raped, am I the abuser?

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    Mute James Doherty
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    Nov 20th 2018, 7:39 AM

    It always amazed me how people with multiple convictions always get to serve separate sentences concurrently. To me it makes no sense…… She made the most valid point to the minister about who was the free rape. As much as we currently laugh at the USA, they have pretty good sentencing laws. You often see convicted criminals of similar crimes doing consecutive sentences.

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    Mute Nollaig Elliot
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    Nov 20th 2018, 1:33 AM

    What a woman.

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    Mute David Glynn
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    Nov 20th 2018, 8:17 AM

    Lack of concurrent sentences implementation a free pass to commit more vile crime. She is dead right this brave woman.

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    Mute Fearghal
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    Nov 20th 2018, 10:29 AM

    What a legend! Fairplay to her.

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    Mute DB
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    Nov 20th 2018, 2:09 PM

    Judges and sentencing should surely reflect the people’s will. But they consistently don’t. She is right “which one is the free rape”… very well put

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    Mute Sean Conway
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    Nov 20th 2018, 12:14 PM

    They are not building prisons fast enough. so perverts are getting unleashed on the public far to early.

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    Mute Steve B
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    Nov 20th 2018, 1:05 PM

    Concurrent sentences would be fine. As long as they’re not segregated from the rest of the prison population.

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    Mute Rochelle
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    Nov 20th 2018, 11:49 PM

    A very brave woman who made a great sacrifice for the public service that everyone may be aware of who this man is and what he is capable of since unfortunately our justice system will have him back on the streets before too long.
    Much has to change with how rape cases are handled between this and several other recent trials with the constant toil carried by the victim throughout.

    4
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