‘A crime of utter repulsion’: Man in his 80s in the Midlands who had sex with dementia sufferer jailed

A judge has jailed an 82-year-old Longford man for two years for having sexual intercourse 'three or four times' with a woman suffering from progressive dementia.

Brendan Rogan, of the Demesne, Longford, pleaded guilty at Longford Circuit Court to a sexual act with a protected person on the grounds of recklessness.

State barrister Shane Geraghty BL, said the victim had been diagnosed in her early-50s with frontotemporal dementia.

The victim's husband contacted Gardaí on March 26, 2020 shortly after 10am when he got home and found his wife in their bedroom with Rogan, then aged 77.

The defendant was described as being partially clothed and it was obvious to her husband given the body language and situation that something had happened.

The details of the victim's medical condition was outlined to the court and evidence was heard that she was incapable of consenting to sexual intercourse.

The court heard the victim had been friends with Rogan's wife who she had known for many years and her husband then became more acquainted with her.

The victim's husband had only been away from the family home for 20 minutes when he discovered the accused in a state of partial undress with his wife.

The victim's husband was shocked and he said he was phoning the Gardaí.

Rogan pleaded with him not to do so, however, he contacted officers who subsequently interviewed the defendant.

Mr Geraghty outlined the accused had been bringing the victim for afternoon drives for a period of time and he had also told her to call him when she was at home alone.

The court heard the victim's daughter told Gardaí in her statement the family became concerned about the frequency of the drives and because on numerous occasions they were unable to reach her and did not know where she was.

The victim's daughter phoned Mr Rogan and asked him to stop contacting her mother.

However, the accused continued to call to see the victim and bring her away in his car despite the family's obvious concerns.

The court heard Rogan told Gardaí he noticed the victim was quiet when he was with her "but she never complained".

The accused claimed to officers he was not aware of the victim's condition and he thought maybe she had been drinking when she was unsteady on her feet.

Mr Rogan wrote a letter of apology to the victim's family where he apologised "sincerely and unreservedly" for his behaviour.
"I now realise how much I hurt you and your family by being reckless," he said. "I am utterly remorseful, I made a big mistake."

The victim's daughter read out a victim impact statement in court where she stated her mother had been a dedicated and devoted mother and they had gone to great lengths as a family to care for her at home.

The court heard the victim was rarely left on her own and when she was it was for very short periods of time.

On March 26, 2020 the victim had been less than an hour alone when Mr Rogan visited.

The visibly emotional daughter stated the family had been left distraught when they realised what had happened to their beloved mother.

"We thought the main dangers came in the form of falls or maybe scalds from hot water. Only in our worst nightmares did we think that someone would victimise a woman so obviously unwell in a sexual way," she said. "Sadly, Brendan Rogan and his perverted actions awoke us from that naivety. My mother's life was changed immeasurably by Brendan Rogan's deviant actions.”

The victim's daughter stated the family have strong feelings of guilt that they were unable to protect her and they believed they were left with no choice but to put her into a nursing home at the age of just 56.

"We were forced to concede that our desire to keep her in her own home as long as possible was not realistic because, despite our best efforts, Brendan Rogan's assault on her burst that bubble of safety and caused her harm in that very home," she added.

The victim's daughter was emotional as she recalled having to move her mother into a nursing home resulting in "our hearts [being] broken for her all over again".

Rogan had no previous convictions.

Judge Kenneth Connolly noted the defendant's elderly age and he said that had to be considered before sentencing, however, he stated it was "exceptionally serious offending" and that had to be reflected.

"This was a crime of utter repulsion to any norm of understanding," he said. "This was an utterly despicable breach of trust, especially in circumstances where the victim's daughter had gone out of her way to ask that he not contact her mother.”

Judge Connolly said he did not accept that Rogan did not know the victim was unwell and that there was nothing wrong with her and he hit out at the horrific way he ignored the pleas of her daughter.

"He disrespected her in disregarding her wishes and he disrespected her mother by subjecting her to this utterly gross behaviour," he added.

Judge Connolly stated this was not an isolated incident and it deserved an appropriate sentence and punishment.

He acknowledged some people may believe sending an 82 year-old man to prison was of no benefit to society, however he insisted the "crime is simply too heinous and repulsive to avoid a custodial element". Judge Connolly sentenced Rogan to four years in prison and he suspended the final two years.

He stated he had some regret sending such an elderly man to prison but he felt he would be "letting the victim down if [he] didn't" impose a custodial sentence.