BREAKING: Suspended sentence for Tipperary man who indecently assaulted teen

A man who indecently assaulted his teenage sister-in-law over 50 years ago has been handed a suspended prison sentence.

After imposing a 20-month suspended prison sentence on the man, Ms Justice Mary Ellen Ring asked his defence counsel to explain to him that his sentence is “to be served in the community” and that he is “bound to keep the peace”. “But, he is not walking away from this in any sense,” the judge added.

The now 79-year-old man pleaded guilty on a trial date at the Central Criminal Court to two counts of indecent assault on dates in 1973 in Co. Tipperary.

The victim was 13 at the time of the abuse, while the man was then 29. He can't be named to protect her anonymity.

Imposing sentence on Monday, Ms Justice Ring said the aggravating factors include the “significant breach of trust by a family member”.

The judge noted at the time of this offending, the “knowledge of sexual behaviour and misbehaviour was at a different level” compared to today.

She said 13 is a “formative time” in a child's life and to be a victim of abuse at this point can cause a “lifelong impact”, which can “affect future relationships for years, if not decades to come”.

She said the man had “not only sexually assaulted his young sister-in-law”, but “breached her innocence and trust in a family member” which has had lifelong effects.

Ms Justice Ring said the man was “significantly older” than the victim and this “dominant position” helped to keep the injured party silent.

The judge noted that it took 46 years for the victim to feel able to make a formal complaint. “This is the effect trauma in childhood can have on a person. Such trauma may take decades to overcome”.

Ms Justice Ring said the court is “bound by the law as it operated in 1973”. The maximum penalty for indecent assault was then two years.

“It took from 1935 to 1981 to recognise the penalty for indecent assault should be greater than two years in prison. We know in those 46 years, thousands of children were the subject of indecent assaults, which are now renamed sexual assaults.”

The judge said “we also know the impact of those thousands of indecent assaults took years to unfold and for the victims to be heard”.

The judge said the man was entitled to some credit for his guilty pleas, adding that a plea which “comes late in the day does not erase anxiety” for an injured party who is preparing to give evidence.

Having considered the mitigation and his personal circumstances, she imposed a sentence of 20 months, suspended on strict conditions.

The judge noted that the man is due to turn 80 shortly and while “defendants of his age and older have been imprisoned in light of serious offending behaviour”, the court did not feel a custodial sentence was warranted in this case.

“The important issue is his admission that as a 29-year-old man he indecently assaulted a child. That admission confirms the victim did nothing wrong and blame lies solely at the door” of the man.

Ms Justice Ring said “a custodial sentence can’t undo the wrong done”, but expressed the hope that the man's acceptance of responsibility would take the “distress, trauma and unhappiness she has experienced over the decades from her shoulders” and allow the woman to move forward with the support of her loved ones. She wished the victim well for the future.

In an impact statement read to the court by Anne Marie Lawlor SC, prosecuting, the woman said she was “left with everlasting trauma” by the abuse.

She said she had been a “happy” 12-year-old, who hoped to grow up to have a nice job, husband and life.

But she said “that life was stolen” by the abuse. She outlined feelings of guilt, worthlessness and shame which have continued throughout her life.

She said she has suffered “mentally, emotionally and physically”.

“Before this little girl was violated, she had hope”, but the woman said her life spiralled “after this heinous defilement”.

She said she moved abroad, thinking this would be “safer than in my own home”. She said she had experienced suicidal ideation, panic attacks and has self-medicated to cope with the pain.

The victim said her 12-year-old self was “carried away into the dark” and 52 years were taken from her. But, she said “I'm still here and still standing. Today is the return of the innocent child”.

A local garda told Ms Lawlor that the victim made a formal complaint to gardai in 2019.

The man married the victim's older sister in 1970. The injured party told gardai that the first incident occurred while her sister was in hospital. The girl was sent to stay at her sister's home, after being told by her mother that she should babysit the child.

The man told the girl she could sleep in the master bedroom and he would sleep in a different room.

Shortly after she went to bed, the man entered the room and indecently assaulted her. During the abuse, he told her “don't worry, I'll pull out fast,” but the girl didn't understand what he meant.

The girl was afraid, confused, hurt and didn't understand what had happened.

Several months later, he offered her a lift home while she was walking. She got into the van as she was too afraid to refuse. He told he needed to do a delivery. Afterwards, he took her to a pub saying he would teach her to play pool.

The man bought her a 7up, which she drank though it tasted horrible and gone off. She told gardai she now knows the drink contained gin. She started to feel sick after drinking it and wanted to go home.

Her next memory is being in the van where the man indecently assaulted her. She felt unwell, groggy and wanted to go home.

The court heard the girl ensured she was never alone with the man after this. She moved abroad when she was 15 and had her first child in 1977, when she was 17.

The man approached the victim at a family event in the mid-1980s, during which he apologised for what had happened, but she didn't engage with him. The victim disclosed the abuse to others in the intervening period, including her older sister who was not supportive.

The man was arrested in 2021 and admitted sexual contact with the victim when interviewed by gardai. He maintained the victim initiated the encounter and she was older than 13 and pregnant at the time.

He has three previous minor convictions, two of which are historic.

The local garda agreed with Colman Cody SC, defending, that his client was co-operative when interviewed. It was further accepted that the plea was of value.

Mr Cody asked the court to consider the “antiquity” of the offending and that his client has been of “prior good character” over the last 50 years.

His client wished to express his remorse and apologies to the victim.

Counsel submitted the offending in this case was “isolated”, “out of character” and there have been no other incidents of a similar nature.

The man has three adult children, and a long work history.

Mr Cody said his client is in poor health. He is the sole carer for his wife and receives carer's allowance.

Defence counsel said his client is concerned “he will die in prison”. He said the man is worried the effect of a custodial sentence could be “crushing” and asked the court to consider imposing a non-custodial sentence.

Mr Cody said there is a “real risk this man will decline further” even if he is only in custody for a short period. “The man before you here is not the man of 1973,” he added.