A GALWAY MAN has been jailed for 13 and a half years for the “relentless” and “degrading” sexual abuse and rape of his niece, who described him as a “demon from hell”.
In her victim impact statement, the woman said the accused man was “a demon from hell” who abused and assaulted her and told her she was “fat, ugly and smelly”. She said at the time she just wanted to die so she would not be abused or hated anymore.
She said the court process was the hardest thing she faced, describing the three-week trial as “a nightmare from hell”. She said it was difficult but she was glad she had done the right thing and had stood up to him.
The 40-year-old man, who cannot be identified to protect the woman’s identity, was found guilty by a Central Criminal Court jury, sitting in Mullingar, of sexual assault, attempted vaginal rape, as well as anal and oral rape on dates between 2007 and 2017.
He has one previous conviction for assault.
He does not accept the verdict of the jury and continues to maintain his innocence.
Imposing sentence today, Ms Justice Melanie Greally noted the “prolonged period of offending” and said the abuse was “degrading” and “frightening”.
She said the aggravating factors include the “abhorrent nature of the violation”, the “persistent and relentless nature of the offending”, the “element of grooming”, the use of threats and the “profound” harm caused to the victim.
She set a headline sentence of 17 and a half years in relation to the rape offences and seven years for the sexual assault charges.
The judge said she took into account the mitigating features including his mental health struggles, previous addiction issues, that he is doing well in custody and has support from family members.
However, she said there was a “clear limit” to the mitigation available for his conduct during the trial due to the “bruising nature” of the cross-examination of the victim, in accordance with his instructions. She noted that the mitigation provided by a guilty plea is also not available.
Judge Greally imposed a global sentence of 15 years and suspended the final 18 months on strict conditions.
The accused man sobbed during the hearing and shook his head when the sentence was confirmed.
The investigating officer told Paul Carroll SC, prosecuting, that the accused man, an uncle to the injured party and 15 years her senior, was convicted following a three-week trial earlier this year.
The court heard that young woman had disclosed to relatives in 2018 that her uncle had sexually abused her. Some days later, she attended at a garda station and made a complaint to gardaí.
The abuse occurred at the family home and in vehicles at locations in the locality. It took the form of ongoing and repeated sexual touching, anal and oral rape and attempted vaginal rape. The abuse stopped for a few years while the man served a prison sentence but recommenced on his release.
The girl’s age at the time of the abuse was from eight to 10 years old and then from 15 to 18 years old.
The woman described being in fear for her life and was warned not to tell anyone. She said she thought it was normal and did not understand what was occurring until she was older. The man also showed her pornography and said he would love to have a threesome with her and his wife.
Carroll said the Director of Public Prosecutions view was that the abuse lay in the highest band of offending, with a pre-mitigation headline sentence of 15 years to life. He said this was taking into account the victim’s young age, the abuse of trust, the use of secluded locations and the threats of harm not to make a complaint.
Cathleen Noctor SC, defending, handed in testimonials. letters and a probation report on her client’s behalf.
She asked the court to consider the man’s co-operation with the court process, highlighting agreed witnesses and that he did not take issue with certain matters that arose during the trial. She asked the court to take into account his personal circumstances and age.
Ms Justice Greally said the victim impact statement outlined the “lasting nature” of the victim’s mental scars and the impact of the trial process on her.
She noted that the man is a father-of-four with a work history who has had his own struggles in the past with addiction and mental health issues. He has been assessed as at low risk of similar re-offending in the future.
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