A 60-year-old Cork man who repeatedly sexually abused his teenage sister-in-law has been jailed for 7½ years.
Barry McDonagh of Avoncore Bungalows, Midleton, Co. Cork was found guilty by a jury of 17 counts of rape and one count of sexual assault following a Central Criminal Court trial in June.
The abuse occurred at the man’s home and at his business premises on dates between 1999 and 2000 when the victim was aged between 15 and 16 and staying with her sister and brother-in-law.
Pamela Mitchell (41) waived her legal right to anonymity to allow McDonagh to be named.
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The abuse first occurred when she was lying on the couch in her sister’s home and McDonagh, then aged in his thirties, came in and kissed her on the lips before digitally penetrating her. The girl tried to move away but the man was too strong, Sean Guerin SC, told the court.
The first incident of rape occurred a month or so later when McDonagh took her away for her 16th birthday. Instead of bringing her to the intended destination however, he took her to a B&B and raped her.
The court heard she froze during this and the subsequent rapes and that she was in fear of McDonagh because she had frequently seen him lose his temper with other people.
McDonagh continues to maintain his innocence and remains married to his wife – his victim’s sister. She was in court to support him.
In a victim impact statement, which Ms Mitchell read to the court, she described how before the abuse started, she was an academic student who loved studying and was planning her dream career.
She said after her brother-in-law started to abuse her, “everything changed. I went through the motions of a normal teenager, pretending to my parents and friends that everything was okay. But nothing could be further from the truth.”
Ms Mitchell said her brother-in-law - someone she trusted – destroyed everything. She said she felt ashamed she didn’t fight back. “I didn’t scream for help. I just froze,” she said.
She said she went on to have a long-term relationship but would feel numb and used when they were intimate. She said she has been “plagued” by thoughts of suicide and has written many farewell letters.
She did not go on to pursue her chosen career and instead has worked in low-skilled jobs - “simply existing instead of living”.
Ms Mitchell said that before she experienced the criminal justice system, she thought it was corrupt, that she wouldn’t be believed and that the system was about “who you know”. But she said she was glad to be wrong.
“I have found out that if you need help, there are people who will do just that,” she said. “I am forever grateful for everyone that helped me down this path for justice.”
Michael Lynn SC, defending, said his client maintains his innocence. He said he is a “hardworking, industrious man” who worked all his life and has no previous convictions.
He handed in a booklet of references to the court.
Ms Justice Caroline Biggs set a headline sentence of 10 years, suspending a quarter of it and backdated it to June 28th last for time spent in custody.
The judge agreed with the Director of Public Prosecution’s view the aggravating factors focused on the abuse of trust and the fact that Ms Mitchell was going on holidays to his house on her own. She also noted the age disparity.
In mitigation, she noted that McDonagh has no previous convictions and will no longer be available to care for his elderly mother.
The judge thanked the victim for coming to court, telling her: “I hope life is good to you from now on.”
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