Man jailed for defilement of daughter with intellectual disability

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

By Niamh O’Donoghue

A man who “betrayed” his adult daughter, who has an intellectual disability, by engaging in a sexual act with her, has been jailed for eight years.

The 69-year-old man, who cannot be named for legal reasons, pleaded guilty to two counts of engaging in a sexual act with a protected person in Leinster on February 7, 2023.  He has no previous convictions.

The woman has a moderate intellectual disability. She now lives in a residential care setting.

Passing sentence at the Central Criminal Court, Justice Paul McDermott said this is a very serious offence with a maximum sentence of life in prison. He said, “As a father, he betrayed her.”

Mr Justice McDermott said, “These offences were committed by her father – he could do whatever he liked.”

Mr Justice McDermott sentenced the defendant to nine years in prison but suspended the final year for a period of two years. He also placed the man under the supervision of the Probation Services for five years and directed him to undertake any courses they deem appropriate.

The judge said that the man is to have no contact with his daughter without her consent and only then under very strict supervision. Finally, he backdated the sentence to when the defendant went into custody.

At a previous hearing, an investigating garda told the court the injured party is in her mid-30s and has moderate intellectual disability.

The court heard the woman was given a course on sexuality, and she disclosed during that meeting that she had never shared a bed with a man before, except with her father, who had not worn a condom.

Specialist garda interviewers spoke to the victim, and she was moved into residential care after the abuse was disclosed.

The investigating garda agreed with Seoirse Ó Dúnlaing SC, defending, that a trial date was fixed for March this year, but a guilty plea had been entered, saving the woman from having to give evidence in front of a jury.

The garda also accepted that the man had no previous convictions and that his wife had passed away a number of years ago, meaning he became his daughter’s main carer.

A social worker gave evidence that the woman has good independent skills and is a kind and caring person who masks her emotions.

She told Mr Vincent Heneghan, SC, prosecuting, that the injured party had not availed of any counselling, and the abuse continues to affect her daily life.