By Declan Brennan
A 28-year-old Westmeath man was sentenced to 12 years’ imprisonment at the Criminal Court in Dublin last week, for sexually assaulting his younger sister who had come to his home to help him, despite his long-term drink and drug addictions.
The man, who cannot be named in order to protect the identity of his victim, pleaded guilty to charges of aggravated sexual assault, attempted rape, threatening to kill and with false imprisonment of his sister at a Westmeath location on 16 June, 2014.
In a victim impact statement, read out in court on her behalf, the woman, in her 20s, said her brother had ruined her life, and said she would never get over it, and could not forgive him. She said she became depressed after the attack, stopped eating, took an overdose and wanted to die. She had lost contact with her children, and she hates the person she has become.
“All I want to ask if why, why did you do it to me? You can come out of prison and start afresh. I have to live with this for the rest of my life. You took away everything and I hate you for that,” she wrote.
Counsel for the defence said the victim was the one member of his large family who “cared for him in the most Christian way and offered him an olive branch” despite his long-term drink and drug addictions.
Mr. Justice McCarthy, who said the case lay “at the very top end of seriousness”, imposed a sentence of 12 years on the attempted rape and aggravated sexual assault offences. These will run consecutive to the lawful termination of the sentence of four years imposed for an attempted armed robbery. At the time of the attack, the man was serving the suspended portion of this sentence.
In July 2012, the man was convicted for the attempted armed robbery offence, and received a four years sentence, with two suspended. He was released in January, 2014. After pleading guilty to the attack on his sister, the Circuit Court reactivated 18 months of his sentence.
Garda Sgt. Raymond Lynch told the court the victim had come to her elder brother’s home to get rid of whatever alcohol was in the house, and to help him clean up his own mess.
When she asked him to turn down loud music and to help in tidying up the house, he assaulted her, and threatened to stab her to death, if she didn’t do what he wanted. She was crying and pleading with him, and refused, reminding him she was his sister, and that their brother and mother lived nearby.
He held a piece of broken plate to her neck, and he then sexually assaulted her.
She managed to dial 999 and the local Gardaí by using her phone behind his back, and she screamed her whereabouts. The Gardai found her in an extremely distressed state, and arrested her brother.
He told the Gardaí he was severely affected from days of drink and heroin taking, saying he had drunk up to 13 cans of beer and a bottle of red wine on the day, as well as smoking a bag of heroin.
The defendant has 21 previous convictions including robbery and possession of articles.
His Defence Counsel said the man remains haunted by the shame and remorse he feels over what he had done.
“This act of violence was the worst breach of trust, and to do it to the person offering him the charity and milk of kindness and understanding was terrible. He realises wht he has done, and can never leave it behind him,” he said.
Defendant had a handwritten letter of apology which he wanted conveyed to his sister. He was subjected to violence by his father and began drinking at age 9, and became addicted to drink and drugs at age 13, when he dropped out of school and began criminally offending in his teens.
A psychologist’s report said the man had “significant maladjustment” in his childhood.
The court was told he had been offered a course on addiction counselling and relapse prevention while in custody. His name has been placed on the sex offenders’ register
