Man (23) jailed for sexually assaulting his niece (15)

Isabel Hayes

A young man who sexually assaulted his niece when she was a child, causing their family to be “torn apart”, has been jailed for two and a half years.

The 23-year-old man was 21 when he sexually assaulted the then 15-year-old girl after waking her in the night when she was staying in the family home of her grandmother.

He was found guilty by a jury of a single count of sexual assault at his home in Dublin on January 7th 2023.

In an emotional victim impact statement, which she read out herself, the now 17-year-old girl cried as she said she never thought her grandmother would abandon her when she needed her the most.

The grandmother is standing by her son and was present in court for the sentencing hearing.

Theatrics

She and other family members were told by Judge Martina Baxter to stop the “theatrics” at the outset of the hearing.

The judge noted it is the man's right not to accept the verdict of the jury, but that his family members were “not doing him any favours” by their behaviour in court.

The judge told the girl she was a brave young woman, and she reminded her to look to her mother and father, who were in court to support her. “Your mam and dad made you who you are,” she said. “You're a fighter. They are your unit.”

A local garda told Eoin Lawlor SC, prosecuting, that the assault occurred when the girl was staying in her grandmother's house – also the home of the man, her uncle – following a family funeral.

The man woke the girl up and told her to go downstairs with him.

While there, the girl lay down on her grandmother's chair, and the man sat beside her and started patting and rubbing her inappropriately through her nightwear.

The incident lasted about 15 minutes, and the girl felt “uncomfortable, scared and worried” throughout, the court heard.

She believed her uncle was intoxicated, and he told her not to tell anyone, as he would get into trouble.

The girl confided in an aunt the next day, who in turn told her parents.

When confronted by family members, the man said the girl was “talking out of school” and said, “If you come to the house, watch and see what's going to happen.”

Previous convictions

The man has 11 previous convictions, including possession of drugs, possession of knives, obstruction and theft.

The court heard the girl suffered severely in the aftermath of the assault, including acute auditory and visual hallucinations as a result of sexual assault.

She suffers from anxiety, flashbacks, sleep issues and feeling like she is being watched.

In her victim impact statement, she told the court her life changed for the worse when she was 15 years old.

“I was the victim of sexual assault by my own uncle,” she said. “I never thought I would become a victim from my own family member.”

The teenager said her family has been “torn apart since this happened” and that her grandmother - “the one person I could count on” - has responded with “silence and absence”.

She said she wanted to tell others to always come forward, no matter what. “You will be heard. Justice will be served.”

Garret Baker SC, defending, said his client does not accept the verdict of the jury. He said the man's baby son died some months prior to the incident, and his relationship with his partner broke down as a result.

The court heard that both the man and his partner used drugs during her pregnancy, and the baby was born very ill as a result.

He left school after his Junior Certificate, started taking drugs as a teenager and has suffered with depression and suicidal ideation. His mother is a nurturing figure for him.

Passing the sentence on Friday, Judge Baxter said that the very powerful victim impact statement showed that this family has become “fractured.”

Speaking directly to the injured party, she said: “You have the greatest love and support from your mom and dad,” and noted the girl “has been extremely courteous” and thanked all involved in the case.

Judge Baxter said the aggravating factors in the case were that the sexual assault took place in the injured party’s grandmother's house, which had always been a safe place for her up until then, that she was only 15 at the time and that her uncle, who was six years older than her and a trusted person, carried out the assault.

“The impact of the offending is profound,” the judge said as she set a headline sentence of three years.

The judge said the defendant is entitled to not accept the verdict of the jury.

She outlined mitigating factors, including the defendant's age at the time, that he has suffered a tragic bereavement, that he was described as a vulnerable person, has no previous convictions of a similar nature and has mental health issues.

Judge Baxter sentenced him to two and a half years in prison and backdated this to when he went into custody.

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.