No amount of money could compensate a woman who was sexually abused by a relative when she was 11 years old and he was 21 years her senior, a High Court judge said yesterday when awarding €200,000 damages to the woman.
Mr Justice Paul Butler said he would be "less than human" not to feel "complete outrage" about what was perpetrated on Ann Kelly when she was a child. He rejected claims on behalf of Stephen Hennessy that there was "consent and love" involved.
A mother of three, Ms Kelly (48), Tulach Rua, Currow, Farranfore, Co Kerry, had sued her cousin, Stephen Hennessy, a farmer, from Shannanagh, Querrin East, Kilkee, Co Clare.
Mr Justice Butler yesterday said he was more than satisfied that Ms Kelly was raped by Hennessy. He said Ms Kelly had been abused and this continued to have a serious effect on her life. He awarded €200,000 damages but put a stay on the award in the event of an appeal.
The judge also granted an interim order preventing Hennessy, or his nephew who had recently purchased some of Mr Hennessy's lands in Co Clare, from disposing of those lands. The order applies until November 13th or until a further court order.
Ms Kelly had claimed damages for negligence and breach of duty, violation of her bodily integrity and indecent assault.
Hennessy, the court heard, had pleaded guilty at Ennis Circuit Criminal Court last month to four counts of indecent assault between 1968 and 1969 and was given a two-year suspended sentence.
It was claimed that between 1968 and 1971, when Ms Kelly was aged between 11 and 14, Hennessy was accustomed to calling on her family home at Doonaha East, Kilkee, where he was trusted by her parents.
The court heard that Hennessy sexually assaulted the girl on a continuing basis. It was also alleged he forced her into full sexual intercourse in a field.
Hennessy, the court was told, had earned the girl's trust prior to the start of the abuse by offering chocolate and sweets, money and a watch to her. He treated her as a favourite child, it was stated.
Hennessy said that acts of intimacy took place between himself and Ms Kelly in 1970 and 1971 but he pleaded they were consensual.
He claimed he was in love with Ms Kelly and was fully convinced she was in love with him.