Jailed for sexual assault of cousin

By Fiona Ferguson

A young teenager who began sexually abusing his six-year-old cousin after being exposed to adult pornography at a young age has been given a three-and-a-half year sentence.

The Central Criminal Court heard the accused had taken an intimate video and photographs of the child and threatened to release these on social media to gain her compliance.

The now 23-year-old man, who cannot be named to protect his victim’s identity, pleaded guilty on his trial date to sexual assault on dates between 2013 and 2018. He has no previous convictions.

The accused was aged 13 when the offences began, while his young cousin was aged between six and 11 years old while they occurred.

The offences occurred at the homes of both the accused and the complainant over the five year period.

The court heard the assaults involved sexual touching and that the accused man had threatened to show the images he had taken to others when she asked him to stop.

The child revealed to a friend what was occurring and her mother was alerted. Gardai were notified, the accused was arrested and interviewed but denied the allegations.

Ms Justice Mary Ellen Ring today in sentencing noted this sexual touching of the complaint at a young age by a trusted older cousin was a breach of her right to bodily integrity.

She noted that in the girl’s victim impact statement she said the abuse had robbed her of her childhood, security and sense of safety in her own home.

The abuse left her feeling dirty and sore and the accused had ignored her pleas to stop.

Ms Justice Ring noted the accused man’s threat to release the pictures and media on social media left the girl feeling helpless, powerless and alone.

She noted happy family occasions had been overshadowed by the abuse and following the guilty plea, there had been a division in the family.

She said the offences had been an abuse not only of his cousin but of her family and breach of trust of his own family, who were unaware of what was occurring in their home.

She commended the girl on the courage it took to tell what was happening and the bravery in facing up to her abuser.

She praised the girl on her “impressive saving of herself” which she said suggested the young woman could move forward and live a life full of purpose and promise.

The judge noted in mitigation a report that the accused had been exposed to adult pornography at 12 years old, but it was not clear where or how.

She noted in the report it said the girl was the only female he had access to at the time and that he did not consider the harmful effects on her.

She said the abuse had occurred because it could and had ceased only because the girl became resistant and not due to reflection on the accused man’s part.

She noted the accused man had his own challenges and had expressed remorse. She took into account reports outlining developmental delays and a young cognitive age but said the use of the images suggested someone older and indicated some awareness of having a hold over a child.

Ms Justice Ring said it mattered little that the images were not disseminated, the threats alone were what terrorised.

She said it was the court’s experience that the fact that such images were available to the offender for use or pleasure added to the abuse.

She said the accused man was entitled to credit for a guilty plea, even at the eleventh hour, and noted he cooperated with gardai and honoured his bail conditions.

She said the Probation Service noted some insight into his behaviour and he was assessed at low to medium risk of reoffending.

Ms Justice Ring noted the accused man’s own young age at the time and imposed sentences totalling three and a half years.

She suspended the final 12 months on strict conditions.