Waterford man (73) jailed for rape of 12-year-old

A 73-year-old Waterford man has been jailed for seven years for raping a then 12-year-old girl who gave birth nine months later…

A 73-year-old Waterford man has been jailed for seven years for raping a then 12-year-old girl who gave birth nine months later.

Philip Francis O'Brien, married, of Barrack Street, Tallow - a retired driving instructor - was convicted last March by a Central Criminal Court jury after three hours deliberations of raping his now 16-year-old neighbour on a date on or about July 1997.

The jury of eight women and four men had been told by forensic scientist Mr Michael Burrington that DNA samples showed a 350-1 probability that the man was the baby's father.

Mr Justice Patrick Smyth said: "For a 13-year-old girl to have a baby was appalling but to be raped and made pregnant by a man more than five times her age is quite disgusting."

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Mr Justice Smith said the crime called for a severe sentence and a seven year term was tantamount to a life sentence for a person of O'Brien's age. He noted that O'Brien still protests his innocence.

The victim's family agreed that O'Brien should be named by the media. Sergeant Albert Gill told prosecuting counsel Mr Michael Durack SC that the incident had had a very negative effect on the victim who had previously been a very happy, outgoing child and was now a troubled youngster.

Sgt Gill said she now felt stigmatised and isolated and had very few friends. The fact that O'Brien lived near them had also put a great strain on her and her wider family.

She discovered she was pregnant in September 1997 and initially alleged she was raped by a boy while on holidays in London. She later revealed it was O'Brien who raped her and said she made the initial false allegation because of his threat to do the 'same thing' to her mother if she told anyone.

The man told the jury he was sterile as a result of contracting mumps in the 1950s. He said this had been confirmed by doctors in Wales and he never had a family with his now deceased first wife nor with the second woman he married.

Defence counsel Mr Brendan Grogan SC said he was confined to what he could plead due to O'Brien's continued denial which was his entitlement. He said O'Brien had worked all his life and had never before come to Garda notice.