A Co Sligo man has been jailed for more than six years for raping his sister and sexually assaulting his 14-year-old niece in what a judge described as a “particularly sad case”.
The 33-year-old, who cannot be named to protect the anonymity of his victims, pleaded guilty to one count of rape on an unknown date between June 10th and 12th, 2020. He further pleaded to one count of sexual assault on June 12th, 2020.
The man has previous convictions for offences including possession of child sex abuse images. He is currently serving a sentence for false imprisonment.
Imposing sentence on Thursday, Mr Justice Tony Hunt described it as a “particularly sad case” involving an “inter-family situation”.
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He noted that the older victim had shown “great kindness over the years” to her brother. The court recognised they both had their “individual difficulties at the time in their lives”, but he said the man’s actions were an “abuse of the hospitality, trust and care previously shown towards him”.
The judge said he considered the evidence to be “very strong” in relation to the count of rape.
He noted that the man sexually assaulted his niece around the same time, when the girl was just 14. He said the “forensic examination was consistent with the scenario described by the prosecution” and that it would have been a “very distressing experience” for the victims.
The judge said the victim impact statements set out in “technicolour” the background of the case and its effects on the victims.
Mr Justice Hunt noted that it is his practice in cases where there is more than one victim to impose separate but consecutive sentences that “mark the wrong” done to each victim.
However, he said in this case any sentence he imposed will be consecutive to the sentence the man is currently serving for false imprisonment. He said a probation report on the accused suggested a “very worrying disposition in terms of committing violent acts towards females”.
He also described the man’s previous conviction for possession for child sex abuse images as a “malign” indication. The judge said there are “very serious issues” that the man needs to address as part of his rehabilitation.
Mitigating features included an early guilty plea, which spared the victims from facing a trial, and a letter from the man expressing his remorse.
Mr Justice Hunt set a headline sentence of 13 years in respect of the rape charge before imposing a sentence of 9½ years. He said he would further reduce the sentence by one year to avoid the man’s total time in prison being of a “crushing length”.
He imposed a sentence of 8½ years with the final two years suspended on strict conditions in respect of the rape count and a concurrent five years for the sexual assault count. He directed the sentence to run consecutive to the one the man is currently serving.
Mr Justice Hunt expressed the hope that the victims got some “vindication and satisfaction” from the process and wished them well for the future.
He told the man that “in case you doubt the wisdom” of the decision to plead guilty, it was his view that the man would have been convicted due to the forensic evidence and testimony. He said that had that been the case, “none of the discount a guilty plea unlocked would have been available to you”.