A Central Criminal Court judge has told a victim of childhood sexual abuse that the system had failed her after the young woman told the court of the trauma legal delays had caused her.
Ms Justice Melanie Greally was speaking at the sentencing of a 26-year-old man who had defiled and orally raped the girl in “predatory and premeditated” offending in 2020 when she was 14 years old.
Ms Justice Greally told the young woman that the system had failed her as the case had loomed large in her life for far too long. She said that in cases involving children, there are now protocols in place and hopefully in the future no other child will have to wait as long for a conclusion.
The man, who was 21 at the time of the offending and cannot be named to protect the young woman’s identity, pleaded guilty to oral rape, defilement and sexual assault of the child on dates between July and September 2020. He has no previous convictions.
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Passing sentence on Monday, Ms Justice Greally said the aggravating factors in the case included its predatory and premeditated nature, as well as the elements of grooming.
She also noted the multiplicity of offences, her young age, the age disparity, and the breach of trust.
She said the man had used psychological and emotional manipulation to secure the girl’s compliance. She also took into account the grave and lasting harm done to the girl.
She set headline sentences totalling 8½ years, noting the accused was an immature adult male.
In mitigation she took into account his guilty pleas, but noted they could not be regarded as early pleas and a lot of anxiety could have been spared. She noted his lack of prior convictions and that remorse has been expressed.
[ Boy found guilty of raping girl at Limerick Racecourse when he was 13Opens in new window ]
She noted he has engaged with the probation assessment and made some level of progress.
Ms Justice Greally imposed a sentence of 6½ years with the final year suspended to incentivise his engagement with therapy. She ordered two years’ post-release supervision.
She ordered that the man not partake in occupation or pastime which brings him into contact with underage females.
An investigating garda told Paul Carroll BL, prosecuting, that the girl came to be in the man’s family home through a mutual acquaintance and a group of young people her age were socialising there.
The girl’s family became aware of videos of sexual activity on her phone and alerted gardaí.
The man was arrested and denied the offences.
In her victim impact statement the young woman said she had been a happy outgoing child when she met the defendant but afterwards her life was changed forever.
She said the man had stolen her teenage years. “You saw my vulnerability and used it to your advantage,” she said.
She found the aftermath of the offending overwhelming and said school work has suffered and she has been unable to trust boys her own age.
She said the man had refused to take responsibility in a timely manner, which could have spared her a lot of stress. She said each delay in the trial process was a cruel extension of her trauma.
The court heard that the days in the lead-up to the guilty plea were filled with distress for her as she was forced to relive her trauma.
She thanked those who had supported her. “I am not a victim any more, I am survivor,” she said.
Colman Cody BL, defending, outlined a letter of apology written by his client in which he said he took full responsibility for what he did and deeply regrets the trauma he caused.
