A Co Galway farmer who sexually abused his young nephew while he was helping out on his farm has been jailed for eight years.
The nephew outlined in a victim impact statement to the Central Criminal Court that being abused by a person he trusted has had a profound effect on his life and still continues to have an impact on him.
The 53-year-old defendant, who cannot be named to protect his nephew’s identity, pleaded guilty to indecent assault, sexual assault and oral rape of the child at a rural location in Co Galway on dates between 1989 and 1996. The child was aged between five and 13 years at the time of the offences.
The nephew, now aged 39, told his uncle that he should have been his protector but that he had instead taken his childhood and life away from him. He said he had a “horrendous childhood” and had his life completely turned inside out.
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“You took advantage of me, a helpless innocent child, and used my body to your own advantage, fulfilling your urges,” he said. “I was passenger in a horror story I could never get out of.”
Grooming
He said his uncle had taken him along to do tasks he enjoyed and that he now believed he had been grooming him. He said his uncle told him he would get in trouble if he told anyone what was happening, so he said nothing.
“You realised I was too afraid to say anything. From then on, nowhere was safe for me,” he said, adding that he experienced flashbacks and sleepless nights. “I want you to know what you done to me has caused me immeasurable pain and suffering.”
He said he hoped the court would recognise the severity of the offences and hold his uncle accountable.
Sentencing the man on Monday, Ms Justice Eileen Creedon said the abuse was pre-mediated and persistent, carried out on a very young child in a place where he could reasonably have expected to be safe and cared for. She set a headline sentence of 12 years’ imprisonment.
In mitigation, Ms Justice Creedon noted that the accused was a single man with some health issues and had no previous convictions. She said the guilty plea was the most significant mitigating factor. She imposed a sentence of nine years and suspended the final year on strict conditions.
An investigating garda told Dean Kelly SC, prosecuting, that the boy lived close to his uncle and grandparents’ farm and would go there after school if his parents were working. He would also come over at weekends to be around the farm. The abuse took place at the house, in the farm yard, the outbuildings or a caravan.
Do not tell
The offending began with unwanted sexual touching during “games” with his uncle and progressed as the child got older. The child felt it was wrong and was uncomfortable, but his uncle told him not to tell anyone. The abuse stopped when the boy went to secondary school and was able to tell his uncle to leave him alone.
The complainant did not feel able to report the abuse while his grandparents were alive as it would cause them pain, but following their deaths he contacted gardaí. His uncle was arrested and interviewed, during which he denied the offences. He later entered guilty pleas.
Mr Kelly said it was the Director of Public Prosecutions’ view that the offences fell into the “more serious” category with a headline sentence of between 10 and 15 years’ imprisonment.
Bernard Madden SC, defending, said the first thing to be done was to extend his client’s apology to the injured party in relation to the offending. He said the accused was a single man who is not currently working other than on the farm. He said he had limited cognitive abilities and a lack of understanding of social situations.
Counsel said the man has been placed at moderate risk of reoffending due to factors including his lack of social supports, limited problem solving abilities and admission of his attraction to young males.