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A MAN WHO acted on a “paedophilic sexual interest” he had in a schoolgirl has been jailed for seven years for her rape and sexual assault.
After a trial at the Central Criminal Court Kenneth McDonald (54) from Wexford town was convicted last July of rape and indecent assault of his then girlfriend’s younger sister at locations in Co Wexford on dates between January 1987 and November 1994.
The attacks began when the complainant was aged seven and had just started primary school.
McDonald had pleaded not guilty and continues to deny the offending. During his sentence hearing four people, including his partner and their daughter, took to the stand to give testimonials to his good character.
The court heard that the trial has “ripped apart” the family.
Justice Alex Owens said that it was clear from the evidence that McDonald had “a paedophilic sexual interest” in the child which left his victim terrified.
Victim impact statement
In a victim impact statement the victim, who is waiving her anonymity, told the court the abuse destroyed her childhood and has haunted her adulthood.
“I felt terrorised in my childhood bedrooms, in ways I cannot describe, my words would do no justice to the devastation it caused. My family life, my relationships, my education and my career have all suffered immensely as a result,” she said.
She described feelings of rage, fear, shame and confusion and a feeling that her body was not her own.
“My sense of self and self-worth was taken from me,” she said. She finished her statement by saying: “I may always be this victim but I am also a survivor”.
Garda Ian Doyle told the court that the first incident occurred in the summertime shortly after the victim had started primary school.
The man came into the child’s bedroom in the evening time, lay her face down on the bed and put his hand inside her clothes. He molested her, telling the child “you will enjoy it”.
On another occasion at a similar time, the man again entered the child’s room in the evening time and raped her.
Justice Owens described his actions as depraved. He said the assaults were the acts of an immature and opportunistic predator.
Sentence
After taking into consideration what he said were McDonald’s immaturity at the time and the passing of time since the offending, he set a headline sentence of eleven years.
He said the mitigating factors were McDonald’s good character since the offending. The judge said he accepted that McDonald has led the life of a person of good character since and is held in high regard.
He finalised the sentence at seven years. He said he would not suspend any of the sentence and noted that McDonald has made it clear he will not engage in therapy.
Conviction
McDonald was convicted of one count of rape at a house in Co Wexford in 1987. The jury also found him guilty of three counts of indecent assault and two of sexual assault.
The court heard the father-of-two sexually assaulted the girl in her bedroom when she was aged ten. He later molested her in his own home while she was babysitting his baby child.
The final sexual assault occurred when the victim was around 13 or 14. She was cleaning her brother’s car when McDonald came up behind her and put his hand up her shorts.
The man denies all charges. He gave evidence during the trial that he had never been upstairs in the victim’s house unless accompanied by her sister and that the victim had never babysat for them.
Setting a post release supervision period of three years Justice Owens ordered that McDonald co-operate with any Tusla recommendations around access to children.
He said the fact that the jury rejected McDonald’s evidence during the trial as lies is evidence of bad character. But he said the court is not entitled to take this, or his refusal to accept the verdict, as aggravating factors.
McDonald’s long-term partner told the court that she always found McDonald to be “a very loving man”. His daughter said that while growing up she never experienced any inappropriate behaviour from her father.
A friend told the court “Ken is a loving man, helpful, with a great heart”. He said he is astonished by the evidence of the offences and said the jury verdict “doesn’t match his character”.
Another friend told the court that she couldn’t think of anything negative to say about McDonald and described him as “very kind, funny, generous”. These character statements were given at a hearing last Monday and a number of written testimonials were handed into the court.
At that hearing Justice Owens adjourned sentencing to today.
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7 years but will do less than 4.
Our system is a joke. Should have minimum sentence for certain crimes. 25 years at least for this
@Umpaloompa: he’ll get 25% remission and do 5 years and 3 months. But I agree that it’s a short sentence, especially considering his lack of remorse.
Previously convicted of a rape, and yet the judges knocks four years off his initial headline sentence because, he apparently hasn’t committed a crime since?! The judiciary in this country needs a complete overhaul, nearly every day a violent offender, most of whom have previous, getting way to lenient sentences. I’m all for rehabilitation, but this kind of sentencing discourages victims not to come forward, and I’m sure encourages some offenders to continue with such violence. Definitely this is something I will be pointing out to my TD’s in the next election cycle
@Paula Leavy: just to clarify that he wasn’t “previously convicted of rape”. He was found guilty in July and only sentenced now. There would have been reports ordered by the court for help with sentencing. So this was his only time before the courts, as per the story. But still it is a short sentence considering there were multiple offences and zero remorse.
@Ger: Yeah I just went over it there and clearly misread that sentence. Yeah absolute joke though, the judge saying he’s clearly of good character, apart from the raping and assaults on a child where he was in a position of trust. I hope the partner that defended him isn’t this poor girl’s sister
@Paula Leavy: yeah I used to work in the “system” and never understood how “good character otherwise” played any part in the judges consideration for sentences for most offences. Some offences carry a life sentence for the victim, so the fact that the offender isn’t offending every day of the week means nothing. It only takes one rape to ruin a life
@Ger: good character seems very prevalent in Irish courts ,never hear this in English courts ,although it seems to me that there’s misogyny around in Irish judges because all crimes against women and girls the perpertrators get very light sentences .
How many years will it take for the kids to get over this as someone who had to personally deal with this I will tell you never.
His depravity is almost matched by the court giving him such a lenient sentence . 7 years ….. ? FFS … He is after ruining this girls whole life . There such be a minimum sentence of at least 15 years for rape with extra years added on for youth of the victim .
I hope he passes his entire sentence in fear in jail . If it was my daughter he would be lucky to see jail and I would happily do a life sentence for what I would do to him ! Sicko
Cage him like the absolute Animal he is !!!!
Obviously a kind, funny guy who only rapes occasionally….. it’s scary how lenient sentences are for such horrible crimes
Not a surprise anymore. We seem to just accept child abuse and rape in this country. Rob a bank or bookies etc..and you are looking at 20 years minimum though. #priorities
I guess there’s a typo here and you forgot to add “teen” after “seven”.
He made it clear he won’t engage with therapy?? He shouldn’t be allowed out until he does! He’s a disgusting monster who still denies what happened, until he can admit what he did, he cannot understand why it was wrong and begin healing through therapy and be rehabilitated.
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