Mum campaigns for 'Francis' Law' in the sentencing of rapists

Irish Examiner

2 days ago

A mother has launched a campaign for new legislation — called 'Francis' Law', named after her son — to end the automatic reduction of sentences during mitigation in rape cases.
Mitigation covers a range of factors — from pleas of guilty to the rehabilitation of the perpetrator — which can considerably cut the final term handed down.
Kildare mother Georgina Tuohey recently had a third case of rape and/or sexual assault on three of her children finish in the criminal courts.
She was left outraged at the length of sentence given to her former partner, Brendan Cornally, in the last case, concerning her son Francis, who has special needs, and the overall term Cornally will serve for all three sentences.
Ms Justice Caroline Biggs sentenced the 51-year-old Offaly man to five years and nine months for the rape of Francis, which, when added to the two previous sentences, gives a total sentence of 17 and a half years.
Speaking to the Irish Examiner, Ms Tuohey said the sense of injustice was compounded when she was informed by the Irish Prison Service that Cornally is due to be released on March 20, 2037 — 12 years from now.
When she questioned did this jail term include the five years and nine months, she was told it did and that the release date factored in the standard '25% remission for good behaviour'.
What this means is that the five years and nine months Ms Justice Caroline Biggs gave to Brendan Cornally for the rape and sexual abuse of my son, he will not serve one day. That's not justice. Our justice system is not fit for purpose and needs to change.
She said this was why she was campaigning for 'Francis' Law', to remove the automatic reduction of sentences through mitigation.
Francis
Last March, Cornally was sentenced in the Central Criminal Court for the 'habitual' rape of Francis — a then 13-year-old boy with mild autism — during most of 2018.
Francis has special needs, having been diagnosed as autistic and as having a mild learning disability as a child.
Ms Tuohey told the court that despite these conditions he 'excelled' and lived an independent life and completed his Leaving Cert Applied.
But the court heard how Francis descended into a 'catatonic state' during the second half of 2023 and before the pending trial in 2024, when he was 18, as he relived the trauma of the abuse.
Ms Justice Biggs said the expert reports found it was 'highly likely' that the trauma of the sexual abuse Francis suffered at the hands of Cornally was 'activated' by the upcoming criminal process.
Ms Tuohey, who in her victim impact statement described at length the impact on Francis, said she and her son will continue to live with the devastation Cornally left in his wake.
'Brendan Cornally brutalised him,' she told the Irish Examiner. 'Catatonia is known as the ultimate regression, where you are in an unspoken state. You can't eat, you can't dress, you can't go to the bathroom.
This is a young man who two years ago did his Leaving Cert Applied — and now can't cross the road. He was very independent, now he has lost all forms of independence.
Throughout Francis's case — as in the two previous cases — Cornally remained largely expressionless and stared blankly ahead of him most of the time.
Ms Tuohey said her intention now was not to detail the impact on Francis, but to highlight the 'deficiencies' and 'injustices' of the legal system.
Headline sentence
In the sentencing, Ms Justice Biggs said the greatest aggravating factor was that Cornally knew of the boy's condition when engaging in 'habitually' raping him during most of 2018, saying he showed a 'remorseless attitude' during the abuse.
Ms Biggs also said Francis was 'very young and vulnerable' and that the rape happened in a dark and filthy bedroom.
She said '15 years to life' was for the most extreme of cases. She said counsel for defence, John Shortt SC, thought this was not appropriate and that 10-15 years was the proper range.
Ms Biggs said this was the second highest category and said that she 'agreed' with Mr Shortt. She placed the headline sentence — in effect to maximum starting point — at 15 years.
Ms Tuohey said: 'I understand from being in the justice system for so long the confines people in it work within. Ms Justice Caroline Biggs may be the boss but she works in a constrained environment. Unfortunately she found herself giving a reduced sentence because of the laws, despite this being the most serious of crimes, which can attract 15 years to life. But unfortunately Irish laws are so constructed that Ms Biggs found herself confined in the sentence she was able to give.'
Early guilty plea
Judge Biggs said that on December 2, 2024, the guilty plea was entered, based on sample counts.
She said that while Cornally could have pleaded guilty earlier, she described it as 'very significant'. She said that had Francis been required to give evidence in a trial that the effects on him could have been 'catastrophic'.
Accordingly, she reduced the headline sentence from 15 to 11, based on a 25% reduction for the guilty plea.
Ms Tuohey is particularly angry at this: 'You would imagine an early guilty plea means that when someone commits a crime and is charged that they admit guilt early on — but in fact in our three cases the guilty plea is on the eve of trial.'
She said: 'I am looking to change policy on early guilty plea that it is within one year of being charged. This will save a lot of trauma for victims and family waiting for trial.'
Remorse
Ms Tuohey said Cornally apologised for his rape through his barrister, but that it meant nothing to her or her son.
She said: 'He said sorry through his barrister, he didn't say it himself. It was of no benefit to me or my son. Irish law gives him mitigation for just saying it, not meaning it.'
Rapist Brendan Cornally is due to be released in 2037. Picture: IrishPhotoDesk.ie
Proportionate
Judge Biggs stressed that she was required to apply a 'proportionate' sentence. This had to take into account the gravity of the offence, the impact on Francis, and Cornally's level of culpability.
It also had to take in mitigating factors, such as the personal circumstances of Cornally and legal principles, including that rape and sexual violence are the most serious of crimes.
The judge said she also had to ensure that the three separate sentences for offences against the three victims were not greater than if it was one sentence for all the three victims delivered at the same time.
During his submission, Mr Shortt, defending, cautioned against a 'crushing sentence', and said any consecutive sentence should not be 'manifestly disproportionate'.
Judge Biggs said that when the 11 years was added to the two previous cases — which totalled 11 years and nine months — the overall sentence would be 22 years nine months.
She said Cornally was 'constitutionally entitled' to a proportionate sentence and said that if all three cases were dealt with at the same time it would be 20 years.
She said she was 'duty bound' to reduce the sentence from 22 years nine months to 20 years.
Ms Tuohey said: 'My understanding of a proportionate sentence is to balance the punishment for the severity of the offence with the personal circumstances of the offender. Brendan Cornally was himself sexually abused as a child, that was heard in court [Judge Biggs made reference to this in mitigation].
But the extent of his culpability and the gravity of the offence, I don't think Judge Biggs took that sufficiently into account in the sentencing. Francis had special needs at the time of the rape. Francis was left in a catatonic state. He's now like a three year old.
'He has no independence. Before, he was fully independent. He was looking forward to a life in college, a life of friendships, employment and a relationship. Brendan Cornally broke my son.'
Rehabilitation
Judge Biggs said she also had to bear in mind the requirement to enable rehabilitation for the perpetrator, noting previous submissions from Mr Shortt about Cornally's engagement in prison activities to date and a willingness to engage in therapy.
Based on a Probation report, Judge Biggs said she was further reducing the 20-year sentence by two and a half years to allow for rehabilitation and supervision on release.
It brought the final sentence to 17 and a half years.
This meant the sentence for the rape of Francis was five years and nine months.
In court, Ms Tuohey called this an 'absolute disgrace', saying her family had been 'destroyed' by Cornally and 'implored' the judge to change her mind.
Ms Justice Biggs told Ms Tuohey that she was 'sorry' but that her job as sentencing judge was to take in a number of factors and said she had 'carefully considered them'.
Speaking a couple of months on, Ms Tuohey told the Irish Examiner: 'I understand the need for rehabilitation, but for certain crimes — rape, child rape and child sexual abuse — there should be lengthier sentence.
'Because of the justice system, Ms Biggs is not able to give a lengthier sentence.
It's not her fault, she is bound by the rules. I don't have any adverse feeling to her. I understand her restraints — but something has to change.
'When someone commits a crime of that depravity, where there should be a lengthier sentence, judges need to be given the opportunity and right and will to exercise that.'
Civil action
In addition to pushing for changes to the criminal laws, Ms Tuohey is also fighting a civil case to prevent Cornally selling his house.
She has taken on a solicitor but has been told it will cost her €20,000 to pay for a barrister.
'Brendan Cornally has sole ownership of a house in Tullamore and money in his bank account,' she said.
'My son has been reduced to a two-to-three year old. He cannot make any decision for himself, he can't cook, he can't even decide to wash himself, he needs help with rehabilitation — that is going to cost money.
'Brendan Cornally is trying to sell his house and I am trying to get an injunction to stop him — that comes at a cost of €20,000 and I do not have that.'
Ms Tuohey said that, as exhausted as she is, her fight to change the law on mitigation will continue.
'We are not finished,' she said. 'The law needs to change. I am doing this for Francis.'
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