A Leaving Certificate student who started to sexually abuse his sister when she was eight years old and he was 12 has been jailed for one year.
The 18-year-old man, who cannot be named to protect the identity of his victim, was convicted by a jury at the Central Criminal Court last December of a total of five counts of sexual assault - three on unknown dates between July 2016 and August 2018 at the victim’s home in Dublin and two counts on November 2nd, 2019 at a restaurant.
The jury also found him not guilty of one count of rape and one count of sexual assault.
The victim is the defendant’s half-sister and was aged between eight and 11 at the time of the offending, while he was aged between 12 and 15. The court heard the defendant continues to deny any wrongdoing.
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A sentencing hearing took place in February and the case was adjourned to allow the defendant to sit his Leaving Certificate exams.
The abuse, which included inappropriate touching, took place in the victim’s home, on occasions when her brother was visiting, and at a restaurant on November 2nd, 2019. The offending came to light in December 2019, after the girl told her father.
Imposing sentence on Monday, Ms Justice Mary Ellen Ring noted that the mother of the victim and the defendant had passed away when they were both very young. She said the decision of their fathers to maintain contact between the siblings was the “right route to take in normal circumstances”, however, neither could have “seen the abuse that would arise”.
She noted that the aggravating features included the victim’s young age when the abuse started, its duration and that it took place in her home, which should have been a place of safety for her. She said there had been a breach of trust, and that the victim had suffered a “criminal breach of her right to bodily autonomy”.
Ms Justice Ring noted the defendant’s young age and his co-operation with gardai as mitigating factors. She said the court was concerned that the Probation Service was unable to carry out a risk assessment as the defendant continues to deny the offending.
She said if the defendant was an adult, she would set a headline sentence of five years, reduced to four years when the mitigation was taken into account.
Ms Justice Ring handed the defendant a two-year-sentence with the final 12 months suspended on strict conditions, including that he place himself under the supervision of the Probation Service for two years post-release.
She said she had reduced the sentence due to the defendant’s young age, noting that if this case had been dealt with before his 18th birthday, a custodial sentence would have been the last resort. Ms Justice Ring noted that the jury did not find him guilty of the most serious charge – rape - on the indictment.
She said the girl “deserved great praise for speaking out” and finding the courage to tell her father about the abuse. Wishing the girl well for the future, Ms Judge Ring said she had showed herself to be a person of “great character, resolve and strength”.