14 hours ago
Man sexually assaulted nephew while babysitting him over 30 years ago
A man who sexually assaulted his nephew while babysitting him over 30 years ago has been jailed for 18 months.
His victim told the court that most children have nightmares about monster under their beds, but for 34 years he had carried a monster in his head. He told the court of the devastating and ongoing effects the abuse has had on his life and his efforts to work through it.
The now 74-year-old man, who cannot be named to protect the victim's identity, was convicted following a trial at Dublin Circuit Criminal Court of three counts of sexual assault of the boy on a day in December 1991 at his home.
Judge Elva Duffy had adjourned the case after hearing evidence to allow the prison service to put a health plan in place for the accused man, who has multiple medical issues.
Judge Duffy noted that the accused man now accepted the jury verdict and although it had come very late, she hoped there could now be healing.
She said the defendant had finally looked himself, his family and the injured party in the face and accepted what the injured party said happened, had happened.
She noted that custody would be difficult with the man's complex health needs but said she felt an immediate custodial sentence was required. She noted the prison service had put arrangements in place to meet his needs. She imposed a custodial sentence of 18 months on the man.
Judge Duffy told the injured party that there was nothing she could say to make things better but noted he had approached the case with dignity and grace.
The investigating garda told Karl Finnegan SC, prosecuting, that the man sexually assaulted the child in three separate incidents on the same night. During these episodes, which occurred in the toilet and TV room, the accused put his hand on the boy's penis and got the boy to touch him.
The boy disclosed to his mother that day what had occurred and his parents made 'some form' of contact with the authorities at that time. The boy attended St Louise's Unit in Crumlin Hospital, newly set up at that time, which dealt with allegations of child sexual abuse.
Gardai were able to access records from the unit as well as transcripts of questions he was asked by social workers at that time as a six year old boy, and these were read out at trial.
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Mr Finnegan said the victim was essentially maintaining what he told the authorities at that time. He made a formal complaint to gardai in 2020.
In 2022, the accused man attended for interview and acknowledged he did babysit for the family on occasion. He denied the claims but accepted that an allegation had been made at the time of something inappropriate happening, which he also denied.
In his victim impact statement, the injured party said he had suffered extensive trauma from the events of that day and carried mental wounds. He spoke of how the weight he carried for 34 years had lifted for the first time after the jury returned their guilty verdict.
He said he would ask family members to reflect on how they had treated his parents when the offence came to light. He said saying what had happened to him was the hardest thing he had ever done and he thanked those who had supported him
Eoghan Cole SC, defending, said his client full accepts the jury's verdict and offers an apology, although he noted this would have been better at an earlier time. He said the man was remorseful and his client's family also accept the jury's verdict.
Counsel outlined numerous serious health issues his client faces and said the man is on multiple medications. He receives full time care during the week and family care at the weekends.
Mr Cole said the man had lived a generally pro-social life in the intervening years and asked the court to be as lenient as possible.
