Judge criticises 'disturbing' testimonial in half-sister sexual abuse case

The judge said that one testimonial on the man’s behalf is 'rather disturbing' as it 'speaks without referring to these offences' of the man 'having a strong moral compass'.
Judge criticises 'disturbing' testimonial in half-sister sexual abuse case

Eimear Dodd

A Central Criminal Court judge has described as “rather disturbing” a testimonial handed in on behalf of a man convicted of the sexual abuse of his younger half-sister, which refers to his “strong moral compass”.

The 27-year-old man was convicted of two counts of oral rape on unknown dates in 2015 and early 2016 in Meath following a Central Criminal Court trial in October 2025.

He was aged between 16 and 17 at the time, while the girl was then aged between seven and eight years old. He cannot be named to protect the victim’s right to anonymity.

On Friday, he was handed a six-year sentence with the final two years suspended on strict conditions.

Imposing sentence, Justice David Keane noted that the court had received testimonials on the man’s behalf from his mother, three aunts and an uncle.

He said that while the testimonials were accompanied by an affidavit, which confirm the referee is aware of his convictions, none of the letters engage with the fact of the man’s convictions and that he admitted his guilt post-conviction.

The judge said that one testimonial is “rather disturbing” as it “speaks without referring to these offences” of the man “having a strong moral compass”.

Justice Keane said all the testimonials “as one might expect” speak of what the referees perceive to be the man’s good character and the impact of the conviction on the family.

The judge said he had taken the contents of these testimonials into account “as far as it is appropriate to do so”.

The judge said the age difference between the girl and her older step-brother was aggravating, noting that she was a particularly young and vulnerable child.

He said the man was in a position of trust as the girl’s older step-brother and it was also aggravating that the abuse took place in the girl’s home, which should have been a place of security.

The judge said he would set a headline sentence of 12 years for an adult, which he reduced to seven years to reflect the man’s youth at the time of offending.

Justice Keane said there was some mitigation in the man’s post-conviction acceptance of his wrongdoing and expressions of remorse.

Having considered the man’s background and imposed sentence, Justice Keane also directed that the man should undergo two years of supervision by the Probation Service post-release.

He also imposed a two-year post-release supervision order to take account of the possibility of breach of the conditions of the suspended portion of the sentence and directed that the man should be placed on the Sex Offenders’ Register for five years.

The sentence was backdated to October 2025 when he went into custody.

The court previously heard that the teenager orally raped the girl on one occasion in the room where he slept when he was visiting her home.

A second incident of oral rape took place in the back garden of the house.

An investigating garda told Garrett McCormack, prosecuting, that the girl told her mother during 2023 that the teenager had made her give him blowjobs.

Gardaí were then contacted and she spoke with specialist interviewers in November 2023.

The defendant denied the allegations when he was interviewed by gardaí. He has no previous convictions and has been in custody since October 2025.

The girl’s victim impact statement was read to the court by McCormack.

She said what happened was not just a moment in time and its effects had continued long after the incident. She said it caused harm to her and to her family.

She said “as traumatising as this experience was, nothing could have prepared me for the two weeks of court I had to endure”.

She said the trauma of the court process “could have been avoided if he told the truth”.

She said the abuse took away her sense of control, safety and comfort in her own body and has affected all aspects of her life.

“I was made to suffer by someone else’s actions, not a stranger but an older brother, someone I looked up to.”

She said he was someone who “should have walked through life with me and protected me”, but instead he “took away my innocence at the age of seven”.

Fiona Murphy, defending, said her client acknowledges that there were two incidents which involved a breach of trust and have had a significant impact on the victim.

She said the man accepts the verdicts and is remorseful.

Murphy handed in several affidavits on behalf of her client, telling the court that the six people sitting at the back of the courtroom were available to be cross-examined by the prosecution about the contents of their affidavits.

She said the affidavits acknowledge why the man is before the court and indicate that these family members are willing to support him.

She asked the court to consider the man’s youth at the time, that there were two specific incidents and the contents of a probation report.

Her client has some work history, issues with drugs and significant mental health concerns, which have stabilised.

Murphy said her client has stopped using drugs since going into custody and is on a waiting list for counselling.

If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help. In the case of an emergency, always dial 999/112. 

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