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A MAN WHO sexually abused his brother, sister and nephew over an 18 year period has been given a six month prison sentence at Dublin Circuit Criminal Court.
Judge Patricia Ryan said repeatedly that “the court has to stress” that it didn’t have the power to impose more than two years for the abuse because that was the maximum sentence in place at the time it occurred.
She said she also had to take the 64-year-old man’s guilty plea into account and the fact that he was suffering from a chronic debilitating condition which would lead to additional hardship in prison. The man appeared in court on a mobility scooter.
The judge imposed seven month suspended sentences for the abuse of the two siblings. She imposed a ten-month sentence for the abuse of the nephew and suspended the final four months. She also ordered the man be registered as a sex offender.
The accused man was 14 when he first abused his younger brother between the ages of eight and 13. He was 17 when he later abused his 13 year old sister and finally as a 28 year old he abused his nephew while the child was aged between seven and 12 years old.
The man, who cannot be named to protect his victims’ identities, pleaded guilty to indecently assaulting his nephew, his sister and his brother at the family home on dates between 1966 and 1984.
“Play”
A local Garda told Grainne O’Neill BL, prosecuting, that the first victim, the accused’s younger brother, remembered being in his bedroom on occasion when he asked him to “play” with his penis.
He also remembered the accused simulating sex on top of him and on one occasion putting his penis in his mouth.
He said there was no threat or aggression and he just went along with what the accused said.
The accused’s sister remembered being in his bedroom listening to records when he asked her to put her hand on his penis. She remembered this happening about three times over the course of a year.
She also remembered a final incident that year where the accused man asked her to suck his penis.
The accused’s nephew described three incidents of indecent assault in total. He described not really understanding what had happened during the first incident and being sent down stairs after he was “sworn to secrecy”. This had occurred in the accused man’s bedroom after they listened to a recording of the song Je t’aime.
He also remembered an incident where he had been woken by the accused who forced his penis into his mouth and ejaculated. Impact statements completed by the three victims were handed into court to be read by the Judge. The garda agreed with Caroline Biggs SC, defending, that there has been significant “collateral damage” for the accused since the offences came to light as his marriage broke down and he had been largely disowned by his family.
Ms Biggs said the accused had an excellent work record and no previous convictions.
Counsel said his medical condition now impacted on his daily life and living requirements.
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Six months??? They really need to sort out the sentencing lark in cases like these; what is the point in victims coming forward if that is all the closure they’re going to get?
This is the big problem with the law today. Anonymity is preserved for the protection of the victims but it’s also protecting the criminals. This guy should be named and shamed so everyone knows him. The victims identities could still be kept secret. The law needs to start bringing itself up to date.
@Michael J: While the sentiment is very understandable, this anonymity is there solely to protect the victims. Should the guilty man’s identity be revealed it would also, by association, reveal the identity of the victims. For this reason alone THEIR identity is protected, and unfortunately, his too.
How could the victims identity be kept secret if his wasn’t? They were his brother, sister and nephew. It’s gonna be pretty obvious.
@Rusty Balls: One thing, I don’t know who these brave people are, I can’t imagine how they must be feeling right now, knowing everything they must have gone through resulted in this. Six months.
But it mattered. Their sacrifice mattered to them, to their families and it WILL matter to those who will inevitably come behind next.
I don’t know if they’ll ever see this but we should all be thanking them for being brave enough to go through our legal system and highlighting it’s failings.
All the excuses have come forward by this Judge as to why she cannot sentence the fellow to a longer stretch. It’s a pity the law has not been sorted before this happened .
@stephen kavanagh: It just shows what these judges are involved in when you see who they have sympathy for…….
What an absolute joke of a country.
Good job he didn’t try to avoid paying tax on garlic r he could have been locked up for six years.
The justice system in this country is pathetic.
I would write a letter to the Taoiseach only he wouldn’t care unless someone from SF or the IRA was involved.
Ireland, … The best little country in the world to do sexual abuse in.
@Rusty Balls: Now the victims suffer legal abuse syndrome- because justice was not SEEN , To be done.
“The judge took into account his health and work record”
Hmmmm I’d be more inclined to take into account his long history of sexually abusing children, personally.
2 months per life scarred. Fuxake
6 months? Please tell me that is another journal.ie misspelling?
Why stress that only two years is the maximum permitted and then give only 6 months.
“Unfortunately the max sentence we can give is 2 years. Here’s a quarter of that.”
I mean, what in the blue hell?
And she suspended the sentence for the sister and brother! That must make them feel wonderful
that’s how law works. the 2 years got reduced in consideration of guilty please, age, illness and so on. the judge had no choice but to follow the law. in my opinion, there is a serious reform in law. harsher sentences and so on. the law should be a prevention measure, not just be reactive it should instill fear into the criminal
@Liviu Flore: Under our common law system there is no legal mandated sentences for instance one year reduction for pleading guilty.
Judge could legally have ruled the maximum sentence
Reason reduced is they follow what appeal courts have done in the past. Reduce sentence for guilty plea etc
Again this is not written into any law it is just what appeal courts have ruled in the past in similar cases Also judges don’t like there ruling being appealed to higher courts.
@John003: The issue here is precedent. The judges have to follow some precedent that are decades ago.
Paedoes are getting worse as time goes by and they abused children for decades. I have seen omeone with 14 rapes, getting 7 years and got out early. Then, as soon as he gets out, they find in a children’s playground cursing and staring at children for hours… they found him cause of complaints from parents.
I think that judges and solicitors are not the only ones to blame but rather the law makers need to step and see the injustice here. The judge has to make rulings based on precedents and so on.
When I write on the phone, it does not sound right but if a judge ignores arguments and precedents… then the criminal can get off without any sentence or charge, he can also get paid damages. It is risky business the way law works now.
@Adam Sheridan: 2 years for each victim..more like it.
Life is the only sentence for rapists.
@Liviu Flore: Law is NOT Justice.
F*cking joke of a country!
@Les Behan: Ireland is all about legalise and nothing to do with Justice- Just US.
Who appoints judges etc?
Judges attending their annual Red Mass- Roman Catholic and dressing in same court jester clothes.
Are we so slow to wake up?
If anyone feels helpless reading things like this and wants to take action, then please consider supporting One In Four (http://www.oneinfour.ie/) – we work with survivors of sexual abuse through therapy and advocacy. Similarly, if anyone is personally affected by the issue and needs support then please do contact us.
@John Mac: Yes we’re still members. You can see the full list of members here: http://www.turnofftheredlight.ie/about/whos-involved/
@Simon Scriver:
@Simon Scriver:
Thanks for the reply Simon – But it is hugely hypocritical of 1 in 4 to support TORL whom THEMSELVES have been covering up both the increasing levels of prostitution and trafficking in Sweden but also the negative effects of their legislation whilst simultaneously lauding its ‘successes .
I’m sure you’re aware that women currently in prostitution overwhelmingly oppose the Swedish Model (98% according to NI DOJ Study 2014 ) in favour of a legal rights basis.
I’m sure that you’re also aware that the Journal’s Fact Check about ten days ago confirmed that women in prostitution are NOT being decriminalised in Sexual Offences Bill 2015 (Part 4)as TORL STILL to this day maintain , and in fact face higher penalties than the current 1993 Bill
Fwiw, The ‘sexwork’ section of the feministire website routinely disseminates many of those mentioned negative Swedish reports which TORL refuse to disclose whilst playing the ‘angel’ card.
I appreciate your reply, Simon, but as long as 1-In-4 tacitly approves of the coverup of ‘inconvenient’ negative Swedish findings to mislead the public then ,sorry , but then the org that you support has major issues of integrity,
Cheers for your reply again ,
John
@John Mac: Come on, wrong place and time.
@John Mac: Thanks for the feedback John. If you ever want to know more about our association with TORL my email is simon@oneinfour.ie and I’d be happy to put you in touch with our Exec Director or Advocacy Director. Take care.
If any readers of the above article are personally affected by child sexual abuse, or feel triggered by the media’s coverage, and don’t wish to contact One In Four then I can also recommend Dublin Rape Crisis Centre or Women’s Aid (but they’re both also members of TORL). If anyone wants to contact an org not affiliated with TORL then I’d suggest the National Counselling Service.
what a disgrace.
the judge might as well said well done and clap the pedo out of the court room.
the judge should be ashamed of herself.
@John Dullaghan: Actually Judges in Ireland are trained today that child rape does no harm to children.
Ask a judge- and maybe s/he will tell you truth.
We need mandatory minimum sentencing for these heinous crimes.
Something seriously needs to give here. I think the judges needs to join the real world. You know, the world where there’s accountability and consequences. They need to do their job or get fired! The witnesses did their job, the police did their job, the fcuking judge did not to his job because nowhere except Ireland and no one except Irish judges have this kind of contempt for the victims of crime.
@Margie Murph: Judge trained- groomed that rape of children does them no harm.
don’t go to the authorities. it won’t be taken seriously. find out how to get revenge yourself. and don’t get caught as that will be taken seriously. shambolic.
Unfortunately, I think you’re right.
@deisecelt: Yes, solicit- ors advise against reporting child rape for over 20 years now- as victims get punished by the legal system.
One judge told me there is NO JUSTICE IN IRELAND.
I hope he gets castrated with a rusty knife.
SIX MONTHS…!!! They may as well hang a sign up saying “Don’t report sex crimes in Ireland, we don’t want to know”
If what the judge is saying is that her hands are tied when it comes to sentencing with regard to the maximum sentence, his guilty plea and mitigating factors then the obvious answer is to change this law. They can damn well change tax and financial laws overnight when it suits them so they better have some bloody good answers and not excuses if they don’t change these.
Banana Republic at work.
Six months! That’ll teach him alright!!
@Chauncey Gardiner:
He’ll be out in 6 months and re-offend, hopefully he meets true Justice inside.
It’s sickening Crimson. No deterrent or justice for his family.
With an out of touch judiciary dishing out ‘Justice’ an appalling sentences like this, in all honesty, your better off ‘dealing’ with sucmbags like this in your own way.
Disgusting length of time given, so what if his health is bad and it would cause hardship on him in prison, this fella took advantage over 18 years and numerous times of three children and deserves no consideration for his feelings or physical health what so ever. Judges need to be held to account for the p1ss poor sentences being handed out and send a message to criminals
I wonder would she be as lenient if it were her children/siblings he abused. This sentencing is disgraceful I hope the victims get the support and strength they need
@Diane MC: Its normal in many of these families- including judges etc.
Great tip for paedos: Hire a mobility scooter and be treated like YOU’RE the victim. Six months will probably six days due to “illness” and time off for good behaviour. I hope whatever he has is slowly and painfully destroying him.
Two year maximum sentence, here’s six months.
Are we getting the message about the perverts in our society yet?!
It almost seems deliberate.
Where did this judge study law??? Stunned and speechless
@Johnnie Sexton: Honestly, Judges are being trained that child rape is nothing.
Its also in the sacred texts of most religions- .
So any old man dat has bad health can go round abusing his family and,only get few mts..dats a good deterrent
The fella who didn’t pay the correct tax on the garlic he was importing got 6 years. This sicko should have got decades. Guess we know whats more important to the justice system.
Six months ffs you’d get more for not paying your tv licence
How can the judge go home and sleep with a clear conscience? She’s a piece of filthy s*****!!! I hope karma gets her and the likes giving out all these lenient sentences! They’re all a bunch of power hungry pedos themselves! But I guess if you still something from a church, you get 7 years!!!
@Simon and Co: The judge has no problem going home and sleeping. These judges feel nothing. The judge is after all the BANKER of the court corporation – and its all about money- hence why TV licence is more “serious” in their eyes.
Pedo Judge? Again?
@Diana M.: Yes, in sacred texts – rape is like a poke in the eye. No big deal.
Many judges etc are raised inside pedo families and grow up believing it is normal.
Alarming is the training though- that child rape does no harm.
That is a joke of a sentence. A massive amount of sexual abuse cases are historical so this way of sentencing only what the sentence at the time of the abuse would have been should end.
This country’s a fkin joke.
Chronic debilating illness….who gives.a sh.t. 6 months for 3 innoce t people…die a slow painful death you disease
If he had of been sentenced as a minor (as that’s when two of the offences occurred) he would have gotten a two year or a four year sentence as until recent years these were the only two custodial sentences a child could get.
That judge should be sacked immediately. He is obviously incompetent.
Suspended sentence on appeal ?? Can’t be changing the system now
WHAT??? 6 months??? I would make the time, but he will suffer the rest of his life.
The problem is that current law has hamstrung the judge. If she had given the full measure, the [longer] sentence would have been appealed and the crim would be free in the meantime. The Current laws state that the judge must use sentences available at the time the offences were committed. Therein lies the problem. The laws need to be changed to reflect the current situation. As is often quoted, “the law is an ass”. Meanwhile, let’s hope the crim gets his comeuppance in prison and isn’t segregated “for his own safety”.
Cynical remark and cynical sentence. The law is an ass! Victims treated with contempt
Jimmy savile had an excellent work rate too…… Hate the legal system in this country.
A sex crime impacts the victim for the rest of their life – in this case 3 people for over 50 years each. If 2 years is the max the judge can give why isn’t this 2 years per victim? Like serial killers get multiple life sentences? That garlic case happened in the same week as that poor woman got her dad convicted of abusing her and I think he wasn’t sentenced at all as he was deemed to old! I remember how mad that made me. I think anyone who likes sex with children / their siblings should be treated as mentally ill not criminal and put in an institution for the rest of their natural life. Grr!
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