THE lack of an external programme for treatment of sex offenders was condemned by Judge Cyril Kelly when he jailed a Laois farmer for two years.
The defendant pleaded guilty in the Dublin Circuit Criminal Court to four charges of sexually assaulting a girl between 1991-1992 when she was aged under to and sexually assaulting his second niece once in 1993 when she was about seven.
Judge Kelly noted the next sex offenders' course in Arbour Hill Prison would not begin until some time next year. He said he had to jail the 43 year old man to reflect the concern of the victims' families but suspended the balance of the sentence from January 15th, 1997, "because there is no doubt that further custody after that would be totally destructive for this person of low intelligence".
Judge Kelly recommended that the man spend his time in custody in the Central Mental Hospital, Dundrum. He also praised the Garda in the case for her work in researching facilities for treatment of the defendant.
Two fathers fought back tears as they described at an earlier hearing how their young daughters had been affected by the sexual abuse. Both victims are cousins and had been targeted by him.
Dr Eamonn Hardiman of the Eastern Health Board said the defendant was a man of borderline, intelligence who never had a normal sexual experience with an adult woman. He lived an isolated life with no friends outside his family and was sexually immature.
Dr Hardiman agreed with Mr John Peart SC, defending, that because of his mental incapacity, prison would be particularly hard for the man and he had genuine fears of going into jail. Through counselling he had begun to appreciate the harm and consequences of his actions.
Mr John Phelan, prosecuting, was told by the Garda the matter first came to light in 1993 when one of the girls confided in her parents. It was then discovered that the girl's cousin had also been abused. The victims' parents contacted the Midlands Health Board to organise counselling for the girls and also informed the gardai but did not make a formal complaint at that stage.
The defendant also began counselling in 1993 soon after the revelations about his conduct. Formal complaints were made to gardai in February, 1995, and when interviewed, he admitted the offences.
The father of the first victim said his daughter seemed to be coping better as a result of the counselling than he and his wife were, but she found it hard to talk to boys her own age. The second victim's father said the signs of improvement in his daughter's condition had come only three weeks ago. She had become withdrawn and found it hard to make friends.