A non-national living in the west of Ireland who admitted sexually assaulting his teenage daughter avoided imprisonment when he told Galway District Court that he would continue to receive therapy. The man, who is in his 40s, had a one-year sentence suspended for three years when he pleaded guilty to sexual assault on dates unknown between July 1st and 25th of last year.
Supt Michael Curley told yesterday's hearing that the case came to light after sexually explicit photographs of the then 13-yearold child were passed to gardai. A film had been left into a local pharmacy for development. Gardai were able to identify both people in the photos and, after consultations with the Western Health Board, the girl was taken into care. The girl was still in care and would remain there for the foreseeable future.
On the day his daughter was taken into care, the accused went to the Garda station voluntarily and made a statement admitting the offence. Subsequently, more photographs of the accused and his daughter came to the notice of the gardai. Supt Curley said they were taken at a time when the man's wife was away. "How could he do that to his daughter?" asked Judge John Garavan, who became upset while viewing the photographs. "I don't want to see them. She is in care. She is the sufferer, in care, and he's walking around."
Ms Geraldine Glynn, for the defence, said it was an extremely shocking offence, but the accused was remorseful and was availing of professional help.
She said there were features in the case that had given the therapists the belief that the family could be brought back together. A considerable amount of work had been done and a number of assessments had taken place. The daughter was also having therapy. Ms Glynn told the court the child had renewed contact with the family. She had supervised contact with her father and unsupervised contact with her mother.
Judge Garavan said he could not help but get emotionally involved. He found the case repulsive and utterly unnatural. After reading the reports, he said he was satisfied this was a once-off incident that in all likelihood would never happen again. He said he was struck by the maturity of the girl and how she had coped. He agreed with Ms Glynn that a custodial sentence would not help the victim, the accused, or society, and imposed a one-year term, suspended for three years on the defendant's own surety of £1,000. He convicted the defendant under Section Two of the Criminal Law Rape (Amendment) Act 1990.
Judge Garavan imposed conditions to ensure the accused continued to co-operate with all parties with an interest in the case and carry out the directions of his own therapist for three years.