Sunday 21 July 2019

Man who sexually abused younger brother for three years to be sentenced next month

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Sonya McLean

A man who sexually abused his younger brother for three years following the breakdown of their parents' marriage will be sentenced next month.

The 55-year-old accused, who cannot be named to protect the identity of his now-47-year victim, pleaded guilty at Dublin Circuit Criminal to ten sample charges of indecent assault on dates between September 1982 and October 1985.

The court heard the abuse involved oral rape and the accused touching his brother's penis and forcing him to masturbate him. The man was aged between 18 and 21 years old at the time while his brother was between 11 and 14.

The victim later recalled to gardaí that at one point his brother started coming into his bedroom to abuse him, which would usually happen on a Sunday night.

He wouldn't be able to asleep in anticipation of what was going to happen and would leave his bedroom window open in order to hear his brother come home.

He also recalled hearing about the death of actor Rock Hudson in October 1985 from HIV and became afraid of what might happen him as a result of his brother abusing him. This led to him continuously brushing his teeth following an incident of oral rape.

The man also recalled an occasion when his brother used baby oil while molesting him. He said he was never aggressive or violent towards him but said his brother had “a silent hold over me”.

The accused has lived abroad from over 30 years, is married with two children and has no previous convictions. The man read his victim impact statement to the court in which he stated that has life has been greatly affected.

He addressed his brother, saying “the trust I had given to you was broken. I was the child and you were the adult. I will never know the person I should have been. Precious years have been stolen, lost and gone forever”.

He said he felt embarrassed and ashamed and blamed himself because his brother was never violent or aggressive to him.

“You did things to me when there were other people in the house,” the man continued before he said he drank heavily and took drugs to dull the pain, “but it was worse when they wore off”.

He outlined how he had a breakdown in work and later had to step down from a more senior position.

“It has impacted on the whole family. It has torn the family apart. There is not one aspect of my life that has not been affected by it,” the man said.

He added that he found the whole court process difficult, particularly giving his statement to gardaí, “listening to all the graphic details of what happened me as a child being read back by someone else”.

Sean Gillane SC, defending, said that when his client was confronted with what had happened he immediately accepted his wrongdoing and the consequences of it.

“There was an acknowledgement of guilt in the face of the victim and all those others affected by it, the family he grew up with and the family he reared. He recognises the hurt he has caused” counsel said.

He said a report from a forensic psychologist assessed the accused to be at a low risk of re-offending.

Mr Gillane said that his client has spent the last decade dealing with what he has done by engaging with counsellors and other mental health professionals.

“There is an acknowledgement of very serious wrong doing to a brother who deserved better,” counsel submitted.

Judge Melanie Greally told the victim she needed time to consider and “digest” the various reports and testimonials handed into court before she remanded the accused on continuing bail to February 6, next for sentence.

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