A man from Co Cork who sexually assaulted a female cousin while both slept in the same bed has been given an 18 month's suspended sentence. Judge Kieran O'Connor at Dublin Circuit Criminal Court described as "bizarre" the circumstances under which the man, now aged 25, had shared a bed with parental consent with his cousin from the age of nine to 11.
The man cannot be named for legal reasons and his guilty plea to two sample charges came on the second day of his trial in January.
He admitted sexually assaulting her by touching her body on dates in 1991 and 1994. The girl gave evidence to the jury via videolink. Garda Joe O'Connor told Mr George Birmingham BL, prosecuting, that the girl was given her cousin's empty bed to sleep in when she began spending weekends in his home when he was away at work. Later, when she was there at the same time, she shared his bed with family approval.
The man had touched her body all over, especially in the genital area. It came to light in January 1995 when she said something during a game of "truths" with young people her own age.
Garda O'Connor said the girl was encouraged to tell an elder cousin what happened. Her parents were then told and the gardai contacted. The man made a statement admitting it and was remorseful.
He was from a good family, had never came to Garda attention before this and was unlikely ever to be in trouble again, the garda added.
Mr Blaise O'Carroll SC, defending, thanked the garda for his "very fair evidence". He said his client was now married with two children and his wife was standing by him. That gave him stability.
Mr O'Carroll said the offences were "on the lower scale" of sexual assault, with no violence or threats involved. His guilty plea was made to save the girl from further trauma and it was clear from the reports that her family were not "looking for blood".
Judge O'Connor said the word "bizarre" sprang to mind when considering the circumstances of the case. He couldn't understand why a young girl was permitted by those in charge of her to share a bed with a young man with almost inevitable results which could have been worse.
Judge O'Connor added: "Your counsel's eloquent plea, the garda's fair evidence and the social worker's report have saved you from a jail sentence. From your time in custody you know what jail is like so take this chance I now give you with a suspended sentence."