Courts

Distressed mother tells judge her daughter alleges ‘multiple’ rapes by teenage brother

Woman says ex-partner refuses to believe his daughter’s claims despite admissions ‘on paper’

The Dublin District Family Court at Dolphin House, East Essex Street. Photograph: Stephen Collins/Collins

Mary Carolan
Sun May 5 2024 - 06:00

A distressed woman has told a family court judge that her young daughter made a disclosure alleging she was raped multiple times by the child’s teenage brother.

The woman said her former partner, the father of her children, refuses to believe the girl’s claims even though their son, who lives with his father, has made admissions “on paper”.

The man is behaving in an intimidating way towards her, including by attending outside the children’s school during her access times, the mother said as she sought a protection order against him from District Court Judge Mark O’Connell at the emergency domestic violence court at Dolphin House, Dublin.

The man has brought a separate application against the woman alleging she breached arrangements for his access to their children, the judge heard.

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In light of her now eight-year-old daughter’s recent disclosure alleging she was subjected to multiple rapes by her brother, now aged 14, when she was aged six, the woman said she has not brought any of her daughters to their father’s home for access.

Tusla is aware of the disclosures and had told her not to let her daughters go to their father’s home because her son lives there, she said. Her daughter is receiving therapy and her son has been referred to a programme for child sex offenders, she said.

When she and the man broke up some years ago, the woman obtained a safety order and he breached it twice over an 18-month period, she said. He has had supervised access to the children, which had gone “sort of smooth”, and obtained guardianship of the children while she was having an operation, she said.

Judge O’Connell, noting the access matter would be addressed separately, granted a protection order that restrains the man from putting the woman and children in fear.

The application was among several made ex parte (one side only represented) to the judge on Friday.

A mother and daughter separately got protection orders against their respective partners. The mother got an order against her husband of more than 30 years after saying he was “very violent” and she is in fear of him. Her daughter got a protection order against her former partner whom she described as “a horrible” and “very violent” man.

“I have my hands full. I don’t feel safe around him, I want this for the safety of me and the kids,” she said.

In another case, a woman said she became pregnant in the early stages of a relationship but, despite leaving her former partner more than 10 years ago, access disputes concerning their child continue. She is afraid of her ex who, she said, had not allowed her to get a job during their relationship and hit her two years ago because she was wearing make-up.

She said she has told local gardaí that the man is dangerous and there are two bench warrants for his arrest “but they don’t take it seriously”. The judge, granting a protection order, said gardaí have to take the matter seriously and, if not, she could refer the matter to the Garda Síochána Ombudsman Commission.

A protection order was obtained by a woman who said she and her husband began a relationship more than 35 years ago, and married more than 20 years ago, but “have not been together as man and wife for 10 years”. Her husband used to beat her and she previously got safety and protection orders against him. However, she said she remained in the family home because her daughter has autism and needed “structure”.

“I stayed because I was told change was not good for her and I did not go a refuge because of that.”

She moved into a separate bedroom about 10 years ago but her husband has subjected her to threats and “snide remarks and innuendo” and she is under psychiatric care, she said. Her husband had threatened to beat a male friend of hers and would not allow one of her female friends into the house.

“I just want a normal life where I can go out with my friends,” she said. “I just need to live a life without every time wondering what he is going to do.”

In a different case, the judge granted a protection order to a mother who said she was “terrified” of her adult son. He had assaulted her so badly on one occasion that she suffered an eye fracture, she said.

The woman’s daughter, who said she should have been studying on Friday for her Leaving Certificate, also got a protection order against her brother. He is using drugs and had come to the family home that morning, refused to comply with her mother’s direction to leave and told her he would “smash my head in”, the teenager said.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times

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