Man given probation for sexually abusing cousin

This article contains references to sexual assault involving a minor. Reader discretion is advised.

By Eimear Dodd

A man who sexually assaulted his teenage cousin has placed under Probation Service supervision for 12 months and directed to continue to engage with services including One in Four.  

The 22-year-old man pleaded guilty to one count of sexual assault in July 2022. The victim, his first cousin, was 13 years old at the time, while he was 18. He can’t be identified to protect her anonymity.

An investigating garda gave evidence that the man contacted the girl through social media in June 2022. The court heard that the man had had limited contact with that side of his extended family, due to his father’s absence from his life.

Over the following weeks, there was a significant amount of contact between the man and the girl, which became sexual in nature.

During these conversations, he expressed a desire to have sex with the girl. He later told gardai he wanted this to take place when the girl was an adult.

The man went for dinner at the girl’s house in late July 2022, with the consent of her parents.

He sexually assaulted the girl on four occasions that night including at her home, in a nearby park and in the back seat of a car while her stepfather was dropping him home.

The court heard the sexual abuse took the form of inappropriate touching and kissing on the lips.

After these incidents, the man messaged the girl to apologise, but his communications became persistent and distressing so she blocked him, later unblocking him.

She made a disclosure to a friend, then later told her grandmother and her mother.

The court heard that a formal complaint was made to gardai in March 2023 after the girl told a staff member at her school.

In a victim impact statement read to the court by an investigating garda, the girl said the last three years had been “really difficult and challenging”.

She said she developed migraines, which she had to be put on medication for,  due to worry and stress. She said it was “physically and mentally draining” to be so scared.

She said she missed school as the man’s actions left her questioning where she was safe.

The girl said she would start to shake uncontrollably if a family member tried to touch her, and they didn’t understand why she didn’t want to be touched.

She said this was upsetting because “during that time, I really needed to be hugged”.

The teenager said she feels happier now, is in counselling and starting to heal slowly.

“I’m ready to get the closure I need. I’m looking forward to moving on from this and getting back to sunny, fun-loving girl I was and that everyone loved”.

The man has no previous convictions. He was voluntarily interviewed by gardai, during which he expressed the view he was in “love relationship” with the girl.

The man voluntarily met gardai in August 2023 and accepted he had touched the girl inappropriately and sent her messages of a sexual nature.

He said he hadn’t realised it was wrong in the moment, what he did was “horrible” and apologised to the girl.

The investigating garda agreed with Paul Murray SC, defending, that the man had a difficult childhood.

It was accepted that the communication between the man and the girl took place over a period of two months, and the man’s offending occurred on one day.

The garda also agreed that the man explained to gardai that his messages to the girl about wanting to have sex referred to when she was an adult.

The garda agreed with Mr Murray’s suggestion that his client appeared to be a “sad, immature, lonely individual”, who was quite vulnerable.

It was further accepted that nothing further is pending against the man and that his early guilty plea was of assistance to the prosecution.

Mr Murray expressed his client’s apologies and remorse.

Counsel said the man’s behaviour was “immature, bizarre, reprehensible” and “simply abnormal to an extensive degree”.

His client has a diagnosis of autism.

He noted that the man is in counselling with One in Four and a psychological report states that his client is at risk of re-offending if he continues to access pornography.

Mr Murray submitted that this case did not require an immediate custodial sentence. He asked the court to consider a suspended sentence with strict conditions, so his client could continue with treatment.

Having heard the facts of the case, Judge Elma Sheahan said the court was “very conscious of the upset and distress” caused to the victim by the man’s offending.

She said the aggravating factors included the age disparity, the seriousness of the offending and the breach of trust involved.

The judge said the man’s early guilty plea was “significant” because it spared the victim having to give evidence at trial, and “allows [her] to understand that what she said was accepted by [the man] and that she was believed”.

Judge Sheahan said the court had taken into consideration other mitigating factors including his background, his previous good character, autism diagnosis, mental health vulnerabilities, expressions of remorse and engagement with services including counselling with One in Four.

The judge said the court was concerned by the man’s ongoing use of pornography, that he is considered at average risk of re-offending, and vulnerabilities.

Judge Sheahan placed the man under a probation bond for 12 months, directing him to engage with the Probation Services, and to continue to attend meetings with One in Four.

The judge adjourned the case to May 2026 for finalisation. She requested an update from the Probation Service for the court on the man’s progress in November, adding that if the man’s progress stalled, the court would then finalise the case.