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10 Aug 2022

Man to be sentenced for sexual assault of his 13 year old sister

Man to be sentenced for sexual assault of his 13 year old sister

Man to be sentenced for sexual assault of his 13 year old sister

A 13-year-old girl pushed her bed up against her bedroom door after a sexual assault by her half brother so that he would not get back in, a court has heard.

The woman described how she told her then 18 or 19 year old brother that she was going to “tell mammy or the guards” and had cried all night following the assault until her eyes were raw.

The 40-year-old accused man, who cannot be named to protect his sister’s identity, pleaded guilty at the Central Criminal Court to the sexual assault at the victim’s family home on a date in 2001.

A local garda told Bernard Condon SC, prosecuting, that the accused man, aged about 18 or 19, was visiting his mother’s home with his girlfriend. The victim described being awoken during the night by the weight of the accused man on top of her as he moved up and down on top of her.

She said she was crying and the man told her to shut up, he put his hand over her mouth and she was unable to make noise or breath. He heard a noise during the assault and jumped up, fearing he was going to be caught.

She told him she was going to “tell mammy or the guards.” When he left and she could hear him snoring she pushed her bed up against the door determined he would not get back in. She made a complaint to the gardai in 2018.

The accused man, who has a number of previous convictions for public order offences, was arrested and made some general admissions during garda interview.

In her victim impact statement the woman outlined the effect the assault has had on her life.

“I hope he understands he ruined my life and I am still repairing the damage,” she wrote. She said she was happy the case was over and she can finally move on with her life.

“I deserve justice,” she told the court.

Paul Greene SC, defending, said the accused man is happy that the woman feels a sense of closure.

He outlined a psychologist report highlighting his client came from a highly dysfunctional and unhealthy extended family background. He said the accused now leads an unremarkable life and keeps away from the risk of further offending.

He said the man has apologised in the past and has an attitude of self-disgust to the charge.

Mr Greene said the report recommended he attend at a sex offenders program and the man was keen to get involved in that process. He asked the court to take into account his remorse and guilty plea

Mr Justice Kerida Naidoo said he needed time to consider matters and adjourned finalisation until July 25 next.

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