The sexual exploitation of the mentally retarded by their carers or family members was an increasing feature in rape cases, a judge said yesterday.
Mr Justice Carney was commenting on the case of a Dublin man jailed for five years for raping his Down's syndrome cousin last year.
The 19-year-old man pleaded guilty earlier this year to raping his cousin, who is in his 20s, on May 25th, 1997.
The defendant addressed the victim's mother at the Central Criminal Court, saying: "I'd like to apologise for anything I've done and for the grief and anguish I've caused between the family."
Mr Justice Carney unconditionally suspended the final 3 1/2 years after the victim's mother said she forgave her nephew.
However, he said as this was a public prosecution and not a private family matter he could go no further.
The woman had told him her son met the defendant since the offence and there had been no problems between them. Her son had no psychological effects from the incident.
Mr Justice Carney said that ongoing monitoring of cases coming before the court showed an increasing number involved the sexual exploitation of the mentally retarded, usually by family members or care workers.
The abuse of trust involved underlined the gravity of such rape offences, for which the Oireachtas had recently fixed a maximum sentence of life imprisonment.
A detective sergeant told Mr George Birmingham, prosecuting, that the victim and his mother stayed the night in two empty beds in the defendant's room while visiting his family.
When the defendant came home from work he got into the victim's bed and committed the offence. The victim's mother did not wake up.
A few days later the victim told a member of staff at his school what had happened. The witness said the defendant immediately admitted the offence when approached and he fully co-operated. He had no previous convictions and his family were "very decent".
Defence counsel Mr Erwan Mill Arden SC said his client had instructed his defence team that he would not put the victim through the trauma of giving evidence to a trial. It appeared alcohol consumed by the defendant may have been a substantial factor in the crime, he added.