A man who raped a girl while he was a lodger in her home has received a prison sentence of eight years, with one suspended.
The Central Criminal Court heard the man was aged between 25 and 28 and the girl was between 11 and 14 years old during the time the rape took place.
The 49-year-old man, who cannot be named to protect his victim’s identity, was convicted by a jury following a trial of raping the girl at her home on a date between 2001 and 2005. He had denied the charge.
He has no previous convictions and has been in custody since his conviction in May.
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Passing sentence on Tuesday, Mr Justice Patrick McGrath said the aggravating facts in the case were the large age gap, the breach of trust on the part of a trusted lodger in the house and the use of alcohol when the victim was at a very young age.
The judge suspended the final year of an eight-year custodial term on condition the man keep the peace and be of good behaviour and engage with the Probation Service for two years after his release.
He commended the victim for the manner in which she gave her evidence during the trial and wished her well.
A prosecuting garda told Paul Carroll SC, prosecuting, that the girl lived with relatives following the death of her mother and the accused man later became a lodger in the house. The court heard she had an “uncle-type relationship” with him.
The garda said the woman recalled an incident where she had awoken with the defendant on top of her raping her. She said he got off her after she asked what he was doing, but she was left with feelings of blame, guilt and shame.
She later attended counselling and disclosed the matter then. The defendant was arrested and denied any sexual wrongdoing. He accepted he had been earlier confronted by text message by the woman’s boyfriend but explained away his replies and said they were not admissions.
In her victim impact statement the woman said the rape had severe and long-lasting consequences on her life.
She said the trial had been very painful for her and that the least the defendant could have done was face up to what he had done and not subject her to a trial. She said the case had been won but she remained lost.
The woman said she was strong despite her trauma and that she would survive, but that this should never have happened to her.
Kieran Kelly BL, defending, said testimonials handed into court described the man as a caring, loving, respectful person and the writers found him to be kind and gentle, with the offence “out of character”.
He outlined the man’s work history and said he had been seen as “an uncle” of the family after he moved in. He said the man’s relationship had been affected by the charges and trial.
Mr Kelly suggested there were no aggravating factors involved. He said there had been a position of trust but no aggression or false imprisonment. He asked the court to be as lenient as it could.
