A MEATH father who raped his then 20-year-old daughter after both had consumed a lot of alcohol has been jailed for 10 years by Mr Justice Paul Carney at the Central Criminal Court.
The 45-year-old married man pleaded guilty to raping the victim on July 16th, 2006. The judge also directed that his name be added to the register of sex offenders.
Garda Eugene Fleming told prosecuting counsel Anthony Sammon SC (with Sean Gillane) that the man, who was “a binge drinker”, admitted during an interview that he had raped his daughter in her bed.
Garda Fleming said the rape happened following a party at which she had consumed a lot of drink. The victim was feeling sick when she went to her bed, and her father came in and out of her bedroom several times with a basin for her before he raped her.
Garda Fleming agreed with defence counsel Paul Burns SC (with Daithi MacCarthaigh, instructed by solicitor Tomas Brabazon) that the man was quite calm when arrested, but became remorseful when interviewed and became so distressed that he was taken by gardaí to hospital. He was later admitted to a psychiatric unit. He said he was shocked at what had happened and had suicidal notions.
When Mr Sammon said the victim did not wish to address the court or to have her victim impact statement read out publicly, the judge replied that justice was administered in public. He said that, while these hearings were in private, the media had a right to be present and to report the proceedings for the public under certain legal restrictions.
“I cannot have these matters dealt with behind backs in private,” said Mr Justice Carney.
The victim then agreed that Garda Fleming should read out her victim impact statement in which she said she had gone by her own efforts from being a person lacking in self-confidence and having low self-esteem to “feeling on top of the world and enjoying life” until her binge-drinking father raped her.
She said he had seemed willing to change by giving up alcohol, and things appeared to be going well for the family until this action shattered her life to the point where she entertained suicidal thoughts.
She said she had to have counselling and medication due to constant flashbacks and nightmares about her father: “The impact of this tormented ordeal has changed me to the extent that I will carry the scars for the rest of my life.”
While his daughter’s statement was being read, the man became distressed.
Defence counsel said the defendant had finished with alcohol. He wished to express his sorrow and remorse through the court to his daughter and family whom he accepted he had failed as a father and husband.
He said he understood their attitude towards him but hoped that sometime in the future there could be some form of contact.
“He accepts that he committed a dreadful deed for which he is remorseful and that he must be punished for his reprehensible act,” Mr Burns said.
Mr Justice Carney said there were “principles of sentencing” which the court had to take into consideration “in accordance with established law”, and that commentators who did not take account of these “restraints” misrepresented the situation.