A man who sexually abused his niece while he was “effectively acting as her parent” has been jailed for six years.
Patrick Cawley (49) took Winnie McDonagh (23) into his home when she was aged four following the death of her mother and first sexually abused her when she was 15 years old.
The Central Criminal Court heard that Ms McDonagh was not able to marry within the Traveller Community because she was no longer a virgin because of the sexual assaults by her uncle.
During a trial last July, Cawley of Ardcath Road, Garristown, Co Dublin, pleaded guilty to two charges of defilement of a child on dates unknown between November 23rd, 2011 and November 22nd, 2014.
His guilty pleas came after Ms McDonagh had given her evidence before a jury, but before she underwent cross examination.
Patrick McGrath SC, prosecuting, told the court that Ms McDonagh did not want anonymity to apply to any of the parties in this case.
The court heard that Ms McDonagh’s mother died when she was aged four and that she was taken in by Cawley and his wife.
Passing sentence, Ms Justice Tara Burns said the abuse began when the victim was 15 and parentless. She said Cawley was “effectively acting as her parent”, that Ms McDonagh did not go to secondary school and had no access to people who might have helped her.
“What a perfect opportunity for the accused to take advantage of a vulnerable young girl,” Ms Justice Burns said.
Ms Justice Burns said the mitigating factors were Cawley’s guilty plea, his expression of remorse and that he appears to be supportive of his children and grandchildren. She noted that one of his sons died in 2009 from leukaemia and that Cawley was by all accounts an attentive father.
She said it was a shame that “he did not show an ounce of that love and care to the child he had taken in as his own”.
Ms Justice Burns described the offence as being the most serious nature of offences that come before the court. She said Cawley was "acting effectively in loco parentis", that the abuse began when Ms McDonagh was 15 and the offending was persistent in nature.
She said a significant factor for Ms McDonagh was that of her not being able to marry a member of the Traveller Community due to not being a virgin.
Ms Justice Burns sentenced Cawley to six years imprisonment.
After passing the sentence, Ms Justice Burns told Ms McDonagh that she was very impressed by her evidence and said she was “a most impressive person”.