A CO DUBLIN man who raped and sexually assaulted his girlfriend's 13 year old sister has been jailed for four years by the Central Criminal Court. The court was told the first offence committed by the father of two against the girl took place when he lay down beside her as she slept on a settee in his house after babysitting for him and her sister.
Mr Justice Carney said he was faced with a stark contrast between the wishes of the victim and those expressed by her elder sister, the defendant's girlfriend.
Mr Justice Carney noted the victim has been judged a serious suicide risk" as she had warned she might "do away with herself" if the case was not finalised. She had also expressed profound hatred for the defendant, indicating she wanted to see him locked up and the key thrown away.
The judge said his sentence would have been higher but for the strong representations made on the defendant's behalf in a letter by his girlfriend.
The 24 year old defendant pleaded guilty to charges of rape, unlawful carnal knowledge and sexual assault on dates from November, 1994, to February, 1995. The sum of £1,000 was paid to the victim at the end of the hearing by the defendant's parents.
Sgt Augustine Keane agreed with Mr Patrick Gageby SC, defending, that the defendant interfered with the girl on a total of four occasions, and the charges did not represent continuous and long term abuse.
The sergeant said the defendant had a low IQ and could not read or write. Initially, he did not seem to appreciate the seriousness of the offences, but he told his mother recently he would have preferred to have both his arms sawn off rather than commit the crimes he had.
Sgt Keane told Mr Joseph Mathews SC, prosecuting, that the victim's elder sister was the defendant's common law wife and they had two children. Two of the incidents took place in the defendant's car in an isolated area near his home. The girl complained to gardai in March, 1995, and the defendant agreed to call to the Garda station days later.
He told gardai he did not realise the seriousness of his actions until one day when the girl threatened she would scream if he did it again. She told him what he did was wrong and he considered whether he should shoot himself.