Man jailed for ten years for abuse and rape of his partner's son

By Sonya McLean and Eimear Dodd

A man has been jailed for 10 years for the “horrendous” sexual abuse and rape of his partner's son over the course of four years.

The 51-year-old Offaly man, who cannot be named for legal reasons, pleaded guilty at the Central Criminal Court to a total of 27 charges including oral rape, anal rape and sexual assaults on dates between 2015 and 2019 in 11 different locations. The boy was aged between 10 and 14 years old.

Imposing sentence today, Monday, Ms Justice Caroline Biggs said the victim was subjected to “horrendous” sexual abuse and has suffered “great turmoil” as a result.

She said the aggravating factors included the victim's young age, the sustained nature of the offending and the “significant” breach of trust involved.

The judge also noted the use of alcohol and the “ploys” used, including a games console to facilitate the abuse through the grooming and manipulation of the victim.

Ms Justice Biggs said she also took into consideration the mitigation including the man's health issues, his lack of previous convictions, his willingness to engage with relevant services and his apology, which she noted the boy was correct to say was “too late”.

She said the man's guilty plea was also valuable as it meant the boy didn't have to give evidence or be cross-examined during a trial.

Ms Justice Biggs imposed a sentence of 10 years and nine months in relation to the counts of anal rape. She suspended the final nine months on strict conditions for two years. She also directed the man undergo five years of post-release supervision.

She handed the man concurrent sentences of seven and a half years with the final six months suspended on the sexual assault charges.

Referencing the boy's victim impact statement, the judge said that it was “evident” from his words that he had suffered “emotional torment and has had years of anguish” as a consequence of the abuse.

She said he wrote “profound words” which suggested he is an “incredibly strong human being”.

“What was done to you was unspeakable. I hope you get as much help as you can and you see how much you have to offer the world and how much the world has to offer you,” the judge added.

At a previous hearing, the victim’s mother read a victim impact statement and said that the man had raped her son and then “I had climbed into bed with him”.

“This individual is a monster,” she said adding that the only emotion she has left is “anger”.

“It is like a cancer which has grown its roots right through me,” she said, adding that she wanted “justice for the pain and trauma sustained by (her son)”.

She said the man “had sought out our family with the sole purpose and intention to groom and rape my son”.

In his impact statement, the teenager said it angers him that the man “breathes the same air as me and that his heart is still beating”.

Ms Justice Biggs thanked the now 18-year-old for giving his victim impact statement, which he read over videolink, adding, “I can’t imagine how difficult it was for you”. She said she would take into account how the man’s crimes had impacted him.

A local garda told Conor Devally SC, prosecuting, that the man and the victim’s mother had been in a relationship during the time and the man continued to be in their life through babysitting while the woman was not at home.

She said the victim initially indicated that the man had not abused him, but in September 2020 he confirmed that he had been regularly raped by the man. He was examined by doctors and later interviewed by specialist gardaí in February 2021.

The garda confirmed that 11 different locations of abuse were identified in Offaly and Westmeath and warrants were secured to seize items for examination but nothing of evidential value came out of these examinations.

The man was arrested and strongly denied any wrongdoing, the garda said.

The court heard that the man performed sexual acts on the child, which included both oral and anal rape, and forced the child to perform sexual acts on him.

“He used coercive methods to gain his trust,” the garda said before adding that there was also “some plying of alcohol” and a certain level of rewarding, including allowing access to game consoles.

The garda said the victim was “not able to mount any form of defence” against the man until he ultimately rejected his advances as a 14-year-old boy.

The teenager stated in his victim impact statement that he recalled waking up from a nightmare when he was in the man’s home, crying as he thought he had seen a ghost.

He said the man invited him into his own bed to comfort him, telling the child that the house was haunted. He said the accused had used this incident so that he would “get a sense of safety from him”.

He said he used to have thoughts and dreams that the man was on his way to hurt him and his family, before he added that he knew the man had several guns in his home and he was terrified that he would use them to hurt him and his family.

The teenager described being “hypervigilant” and not wearing headphones like other teenagers would because he wanted to be able to “hear sounds”. He spoke about always scanning an area and “always looking over my shoulder”.

He said he also finds himself having an awareness of older men with younger children “wondering if they were being abused”.

The teenager spoke about how he used to lash out in school because he was so angry and how he now tries to control his emotions around his friends, but at times he can “explode”.

“I have a lot of anger and aggression. I want to hurt paedophiles,” he continued.

“It angers me that he is breathing the same air as me and that his heart is still beating. I have so much rage inside me and supressed emotions,” he said.

He said he is over-protective of his girlfriend and that he worries for any children he may have.

“My childhood and youth was taken away from me – this is a life sentence for me,” he concluded.

John Shortt SC, defending, said to the teenager that he had to “put on the record” that his client asked him to “express his remorse and sorrow for the way he treated you”.

“It is too late now,” the teenager replied.

The teenager’s mother spoke in her victim impact statement of how “safety of our children should be the highest law”.

She said her son had suffered severe damage and his recovery would be “life-long”. She said the man had threatened her son and set her children against each other to make sure the child wouldn’t talk or tell.

The woman spoke of how her son used to damage and punch walls and doors of their home before he disclosed the abuse.

“He was raped there and had to continue living there,” she said.

“For the last year we have been denied our mother-child relationship….due to his suffering he has been an absent member of our family,” the woman continued.

She asked the judge to “use fairness in your approach to (the victim)” – and spoke of her son’s “right to justice”.

Mr Shortt said his client had a significant number of health issues including “depressive bouts” and type two diabetes.

He asked the court to acknowledged that his client’s plea of guilty spared the teenager the necessity of giving evidence at trial.

He said his client has pleaded guilty to a “very serious offence” and has expressed remorse.

Mr Shortt said his client was “absolutely satisfied to engage in any recommendations” both while in custody and on release in relation to his rehabilitation.