News Courts

Tuesday 23 September 2014

Man who fell out with partner turned to her 10-year-daughter for sex, court hears

Sonya McLean

Published 10/02/2014 | 15:52

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A man who after falling out with his partner turned to her ten year old daughter for sex has been sentenced to 12 years with three suspended at the Central Criminal Court.

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The man, who cannot be named to protect the identity of his victim, told gardaí in interview that he had been having difficulty with his partner and it came into his mind that he would “ask the child for sex and if she said no I would stop”.

The investigating garda agreed with Garret Baker BL, prosecuting, that the man said in his mind he thought it was “ok” and he thought there “was an element of consent”.

The abuse came to light when the girl’s mother discovered her diary and the gardaí were contacted.

Sean Gillane SC, defending, said the offences were “an appalling sexualisation of a relationship” and his client was delusional in the way he “substituted a child for the position of his partner”.

Counsel said his client has since accepted full responsibility for his actions.

The 38-year- old man, who is originally from the Philippines as are the victim and her mother, pleaded guilty to four charges of defilement, having sex with a child without their consent, and 15 charges of sexual assault of the girl on dates between July 2010 and March 2013, when the victim was aged between 10 and 13 years old. The abuse occurred in the Dublin home they shared at the time.

Mr Justice Paul Carney said the details of the offence were “too upsetting to rehearse” before he took into account the disparity in age between the man and the victim and the length of time he abused her for.

He suspended the final three years of the sentence having taken into account his plea of guilty, his admissions, his good work history and lack of previous convictions.

Mr Justice Carney ordered that he carry out 18 months post release supervision and stay away from his victim in perpetuity.

A local detective garda told Mr Baker that the man had been living with the victim and her mother since 2007 but the relationship came to an end in May 2013 when the woman discovered her daughter’s diary.

The victim later described the abuse to a specialist child investigator in June 2013 when she outlined that the man first started to kiss her and touch her chest when she was 10 years old before he had started to have sex with her when she was about 12 years old.

She felt awkward about it and told the investigator she had “no idea what to do”.

The abuse would occur in her room, her mother’s bedroom, or in the family living room while her mother was out working.

She said the man told her not to tell anyone. He said it was bad and they would both get into trouble if anyone ever found out.

She told gardaí that the man would make her perform oral sex on him and also perform oral sex on her.

The man was arrested in July 2013 and made “substantial admissions”.

He said he had been having difficulty with his partner and it came into his mind that he would ask the child for sex and if she said no he would stop.

He told officers that the first time he tried to have sex with her; she said it hurt, so he stopped.

The man confirmed that he had told the girl to keep it a secret and acknowledged that having sex with a child was wrong.

He accepted that he had taught and instructed her how to perform various sexual acts.

In her victim impact report that girl said that she fears certain male adults and feels “uncomfortable” when they look at her.

She struggles talking to other people and fears nobody likes her. She feels like her childhood has gone and her home is a bitter reminder of what occurred.

The man came to Ireland in December 2001 and has no previous convictions. He has worked in a number of restaurants around Dublin.

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