A DONEGAL man has been jailed for 14 months for sexually assaulting two sisters when they were children.
The man, who is aged in his 50s, appeared before Letterkenny Circuit Court on Tuesday for sentencing.
He cannot be named in order to protect the anonymity of his victims.
The accused had pleaded guilty to a charge relating to a date between February 17, 1992, and September 30, 2000, that he sexually assaulted a female by touching her genitals while she sat on his knee.
He further admitted to a charge that on a date between April 29th, 1997, and 20th March 1998, that he touched a female’s buttocks under her pyjama bottoms while she was sitting on his knee.
In evidence to the court, Detective Garda Michelle Kelly said that one of the victims was playing a game of Nintendo at the home of a relation when the accused had started touching her vagina with his fingers. She believed she was about five years of age when the incident occurred.
On a separate occasion he had unzipped the girl’s trousers and put his mouth on her vagina.
Around the time when she was making her First Communion, he again unzipped her trousers and used his mouth on her vagina while also using his hands and fingers.
She had not said anything about it at the time as she “didn’t really understand it”.
Det, Kelly said the second victim had recalled the accused putting his hands around her waist and then touching her “bum cheeks” .
When the accused was interviewed by Gardai he made “no comment” during each of the interviews. Both complainants had made Victim Impact statements which were read out in court.
One of the females said she had been a victim of child sex abuse but had supressed the memories of it. Stating that she had become very timid she said she felt it had led to her being bullied in secondary school. It had led to “people walking all over me”, she added.
She had become “shy and backward” as a result and was scared to deal with the public.
In her statement, the complainant said she did not want the incidents to define the rest of her life. “I’m a survivor of abuse and not a victim anymore.”
The second complainant said that “once fond memories” had been tainted.
After hearing what had happened to her sister, she had felt guilty for not speaking out sooner. She said she had considered if she ever had a child she had thought she would never able to trust any man.
She was grateful for the “amazing support” of her family.
Summoned to the witness box by his barrister, Colm Smyth, S.C., the accused read out respective letters to his victims.
In relation to the first complainant who he named, he expressed his sorrow and said what he had done was “completely unacceptable and you did not deserve it.”
He said he took full responsibility for his actions and was aware how it had affected her and what he did was “totally wrong.”
“I hope you can find some closure,” he stated, adding that he no right to ask for forgiveness given the “pain and suffering” he had caused.
To the second victim, who he also addressed by name, he said he had caused her “incredible pain” and left a scar. He was, he said, “truly ashamed” and hoped some day she could forgive him.
He said he had misused the trust she had in him.
Addressing the court, defence counsel said his client had cooperated fully with the Probation services and was placed at a low risk of reoffending.
He had expressed “deep remorse and shame” for what he had done and had a full insight into the harm he had caused.
He had brought a sum of 14,000 euro into court to offer as compensation to his victims.
In considering sentencing, Judge John Aylmer said the accused was before the court on count 1 and 4 for sentencing. Of count 1, Judge Aylmer described as a “gross breach of trust”. He placed the offence in the mid-range, meriting a two-and-a-half year sentence before considering mitigating factors.
“I have particular regard of the negative impact on the complainant, and is ongoing,” said Judge Aylmer.
Considering mitigation, Judge Aylmer said it was identified that the accused entered a plea of guilty, albeit a late one, but one which saved a trial and both complainants facing cross-examination.
He said the accused has no other previous convictions and has not come to the attention of gardaí since these offences.
Mr Aylmer said the accused has shown “genuine remorse” and the court accepts this.
“I have letters from his wife and an excellent reference from his employer.”
A Probation Report carried out on the accused made several recommendations.
“I also note the accused is suffering from depression but that appears to be reactive in relation to this,” said Judge Aylmer.
Having considered all the factors, Judge Aylmer handed down a custodial sentence of 24 months, with the last 10 months suspended on the condition that the accused enter into a bond for 12 months.
He ordered the accused to serve 14 months concurrently on counts 1 and 4.
“Furthermore, having regard to rehabilitation, I will suspend the final 10 months on the condition that the accused enter into a bond to keep the peace subsequently upon his release for 12 months and that he goes under the supervision of the Probation Services, he attend all appointments with Probation Services and inform them of any change of residence or contact number.”
The accused was also ordered to abide by the Sex Offenders Act.
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