This article contains references to sexual abuse involving minors.
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By Isabel Hayes
A man who sexually abused his daughter as a child nearly 50 years ago, later telling Gardaí she “came on” to him, has been jailed for four years.
Joseph Burgess (84), of Carndonagh Park, Donaghmede, Dublin, pleaded guilty to two sample counts of indecently assaulting his daughter, Linda Burgess, on dates between 1977 and 1985 when she was aged between four and 12 years old.
He initially took a trial date but entered the guilty pleas after he was told his daughter had incurable cancer and needed an earlier trial date so she would be fit enough to give evidence.
Ms Burgess (53) waived her anonymity in order for her father to be named, the court heard.
She said the abuse meant she never felt safe at home and does not feel like she reached her full potential. She said she suffers from depression, anxiety, PTSD, insomnia, flashbacks, panic attacks, low self-esteem and trust issues.
There have been family arguments and estrangements as a result of the abuse coming to light, she said.
“I have little or no childhood memories,” Ms Burgess told the court. “I feel that the stress and trauma contributed to my health. My recent cancer diagnosis was my third diagnosis and it is incurable.”
Ms Burgess said she has received help through counselling, but told the court: “I do not feel I can make any further progress until I see justice and accountability.”
Detective Garda Brian Morrissey told Jennifer Jackson BL, prosecuting, that Ms Burgess gave statements to gardaí in 2024 outlining how she had been sexually abused by her father, Joseph Burgess.
The court heard Burgess first abused his daughter by making her touch him inappropriately in a purported ‘game’ when she was as young as four years old. The court heard that over the years, the abuse took the form of Burgess inappropriately touching his daughter, mostly when she was in bed in the same room as her younger sister.
It ended when she was aged around 12, which coincided with him giving up alcohol, the court heard.
When interviewed by gardaí, Burgess admitted that he touched his daughter inappropriately, stating it occurred on three occasions. He told gardaí: “I don’t understand how she used to come on to me all the time.”
Seamus Clarke SC, defending Burgess, said his client entered guilty pleas as soon as he was made aware his daughter had incurable cancer, submitting that this was “particularly invaluable given her medical difficulties”.
Burgess has no previous convictions, a long work history and is now retired. He separated from his wife a number of years ago when the abuse allegations came to light, the court heard.
Mr Clarke said alcohol was a problem for Burgess and the abuse appears to have ended when he gave it up. He noted his client has health issues and will find time in custody more difficult given he is elderly.
Sentencing Burgess, Judge Martin Nolan said the most aggravating factor of the case was the relationship between them.
“The injured party was the daughter of the defendant and therefore entitled to his love and protection,” he said. “Mr Burgess failed miserably in relation to these duties and assaulted his daughter.”
He noted Ms Burgess has suffered mental trauma as a result of the abuse she suffered at the hands of her father.
He set a headline sentence of eight years, which he reduced to four years taking into account mitigating factors including Burgess’s guilty pleas, his lack of previous convictions and his age.