THE RAPIST at the centre of the “C Case” in the 1990s has been sentenced to 21 years’ imprisonment for raping an 86-year-old woman with dementia over several hours at her Co Monaghan home.
Simon McGinley (35), Latlorcan Court, Monaghan, but originally from Dundalk, was jailed yesterday by Mr Justice George Birmingham at the Central Criminal Court in Dublin.
The court heard McGinley had previously attended a sex offenders’ programme in jail. His wife and young children, who were in court yesterday, continued to be “supportive and loyal”.
Mr Justice Birmingham said he could find no mitigating circumstances in the case.
“Rape is always a serious offence but within the spectrum of rapes this, in my view, is at the top of the upper end. This case is just about as bad as it gets.”
He believed McGinley’s alcoholism was at the centre of his offending. Unless his drinking was addressed, “everyone from very young girls to very old ladies will be at risk”.
The court heard the rape he committed in 1997 that gave rise to the “C Case”, as well as a string of public order and driving offences, all occurred while he was drunk.
Mr Justice Birmingham said McGinley’s latest rape was compounded by his victim’s age and fragility. It was an “outrageous” crime that would cause “outrage” even among McGinley’s fellow prisoners.
The 86-year-old victim, who lived alone, had been attacked for several hours in a rough manner. It had been a “life-changing experience”, meted out in her home, where she expected to be safe.
Mr Justice Birmingham also said McGinley’s raping of his 13-year-old babysitter in 1997 was an “overwhelmingly serious matter”. “It is hard to come to terms with the fact that the same person could be capable of raping a 13-year-old girl and then rape an 86-year-old woman,” he said.
When he was convicted of the first rape the court had imposed a 12-year sentence, with four years suspended. Leniency had been shown in order to give McGinley some hope for the future, Mr Justice Birmingham said.
But McGinley had “spurned” that leniency by raping again.
McGinley’s first victim became pregnant due to the rape and was taken into care. She went to the courts, winning approval to have an abortion in the UK against the wishes of her parents. The case became known as the “C Case”.
Mr Justice Birmingham said the ages of the victims were so far apart and the crimes so different that McGinley should be supervised by the probation service for 12 years on release.
McGinley denied raping the pensioner on June 16th, 2008, and pleaded not guilty. His DNA was found on the victim’s electric blanket and pyjamas and his fingerprints were found in her bathroom and bedroom. He was convicted in May.
McGinley’s barrister, Patrick McEntee SC, told Mr Justice Birmingham his client feared for his safety in prison and was requesting that he serve his sentence in Arbour Hill, a sex offenders’ jail in Dublin. He said McGinley was already effectively in solitary confinement because of “incidents” following his conviction in May.
Because of her dementia, McGinley’s victim was unable to give evidence in court. However, she gave evidence by deposition.
The deposition was recounted in court yesterday by Insp Gerard Curley of Monaghan Garda station. The victim told how she opened her door on hearing a knock at around midnight. A man she did not know pushed her inside, and brought her first to a small bedroom and then to her own bedroom. She did not fight because “he could have kicked or battered me”. He took her clothes off and then his own and raped her repeatedly. McGinley lay on top of his victim for several hours before leaving with money in the morning.
He came back in the afternoon but she closed the door on him. She cried for about three hours before calling her neighbour. The gardaí were alerted, and on their way to the victim’s house saw McGinley staggering drunk.
The elderly victim was taken to Dublin’s Rotunda Hospital. An examination revealed injuries consistent with rape. She also had scrapes and bruises on her face, hands, arms and back.
A number of witnesses said they saw McGinley drunk at or around the victim’s house on the night and morning in question.
