This article contains references to sexual assault, rape and suicide. Reader discretion is advised.
By Sonya McLean and Niamh O’Donoghue
A 15-year-old boy who was regularly raped and abused by his older cousin as a young child has said he is “sentenced to life” .
The boy told the Central Criminal Court how he tried to take his own life to “stop the pain in my head”.
The court heard that the victim was eight years old and his cousin was 13 when the abuse first began. It continued for three years. The two families lived in rural area in Leinster next to their grandmother’s farm.
The victim told the court that his family have since moved, leaving their “forever home” behind.
He said his parents “are paying the price with their health and finances” adding that his father has suffered a stroke due to the stress he was under and continues to endure.
The teenager read his victim impact statement during the sentence hearing of the now 20-year-old accused earlier this month.
“I have tried to take my life to stop the pain in my head. I have caused physical harm to myself.
The physical pain I cause myself alleviates [pain of the abuse] but this is always short-lived,” he said.
“I wished I could tell seven-year-old me not to be afraid and that you would be believed. I finally found my voice, and told my sister, found my voice after years of him telling me I would not be believed,” he said.
“He was supposed to protect me. He brutalised and raped me. I am sentenced to life,” the teenager concluded his statement.
The 20-year-old man pleaded guilty to sample counts including two sexual assault charges, one oral rape, one anal rape and a charge of child exploitation by causing a child to look at images of sexual activity on dates between January 2018 and February 2020.
Justice Melanie Greally noted the accused had an “obsessive consumption of pornography” and imposed a three-year sentence but suspended the final year of it on certain conditions.
She noted the accused had ongoing medical issues and been diagnosed with myocarditis and autism and has a history of anxiety and depression.
The judge said she had to take account of the age of the accused serving a sentence in an adult prison. She also said she had to take account of the remorse he expressed and his difficult childhood in that he had been bullied in school.
In his victim impact statement, the teenager said that his “happiness, innocence and wonder was robbed” and said what should have been the most “natural of experience” with an older cousin around his grandmother’s farm “turned into obscene”.
He described his cousin as “an opportunistic predator”. He said his mother used to tell him “life was my playground” but that sentiment was taken from him by the accused.
He spoke of how his “self-worth and self-esteem” has been impacted and he feels it will never get better. He spoke of falling behind in school because it was “easier to get into trouble” and he struggled with sleep.
The teenager described the threats his cousin made against his sister and his parents, if he told anyone or didn’t allow the abuse to happen. He said he thought about killing himself.
“I was an innocent child who was violated and raped by my cousin who was defended and shielded by his parents,” the boy continued.
He spoke of having to move away from his “forever home” where he would cycle around on his Nana’s road and help his uncle on the farm.
“It was ideal but it was also the least safe place because of (the accused),” he continued.
He said how the lockdown during Covid meant that he didn’t have to see the accused and said there was “no pain in my body and heart, but when the country re-opened it was like he started back where it left”.
A local detective told Patrick Gageby SC prosecuting that the child told his mother in May 2020 that his cousin had shown him “inappropriate stuff” and had suggested he “do inappropriate stuff”. The victim was 10 years old at the time.
However the gravity of the abuse was not clear and the families agreed that the matter should be dealt with by Tusla. A few months later, the victim’s mother said she didn’t want it investigated by gardaí but two years later they made statements.
The child told his mother then that his cousin had shown him pornography and told him that they would be doing it soon – referring to the sexual conduct in the videos.
The child had been unwilling to speak to the gardai and it was difficult to get information at the time of the first disclosure which was why his parents waited.
The detective said the boy then began to leave his mother notes outlining what was happening to him.
He was interviewed by specialist gardaí in October 2021 and outlined incidences of oral rape and anal rape saying they happened for or five times and occurred during games of “hide and seek”.
He was told not to tell anyone or his cousin would kill his sister or rape her.
The accused was arrested and charged and the victim was re-interviewed two years later when he was almost 14 years old. He was able to articulate more of the abuse at that point, the detective told the court.
He gave details of multiple occasions of both oral and anal rape and spoke again of the threats that were issued. He said the abused happened “every couple of days – whenever he got a chance”.
His cousin was questioned again and denied some of the allegations but made admissions to less serious offences that the victim had included in his statement.
The court heard that the accused has no previous convictions and is working in the building trade with his father.
The detective agreed with Karl Finnegan SC defending that the incident was initially reported to the family GP who then reported it to Tusla before the gardaí were contacted.
He accepted that both of the boys were then referred to the appropriate agencies.
It was further accepted that the accused made admission to sexual assault and showing his younger cousin pornography. He has not come to any garda attention outside of this case.
In suspending the final 12 months of the sentence Justice Greally directed that he engage with Autism Spectrum Disorder supports and to undergo consent and personal boundaries counselling.
The judge wished the injured party “the very best in the future” and said she hoped he lived a very full life.