A SLIGO storeman who sexually assaulted a young girl over a two year period has been jailed for five years by Mr Justice Shanley at the Central Criminal Court.
The 36 year old married but separated man pleaded guilty last September to 11 charges of sexual assault and one of attempted rape by oral sex on dates from October 1992 to April 1994. He cannot be named by order of the court to protect his victim's identity.
Mr Justice Shanley said the now 14 year old victim had been scarred for life. After weighing up all the factors in the defendant's favour and the harm he had done to her, the only doubt he had was whether to impose consecutive or concurrent sentences.
The maximum sentence for sexual assault was five years and in this case he felt he had to impose that sentence on each charge to run concurrently.
Mr Barry White SC, defending, noted that the Supreme Court had, ruled there should be some "discount" of sentence for a defendant who pleaded guilty but Mr Justice Shanley replied: "The discount you are getting is that I am not imposing consecutive sentences".
Mr Justice Shanley said he would "ignore" a portion of a victim impact report prepared by Ms Dorothy Morrissey of the Limerick Rape Crisis Centre because he felt it would be unsafe to rely on the views expressed.
The observations made conflicted with school reports and the court had no information as to the counsellor's qualifications in certain matters, he said.
Mr Justice Shanley said he was satisfied the offences had "a devastating effect" on the victim at a time she should have been enjoying her youth. As a result of the man's breach of trust she suffered from lack of confidence and mood swings, her sleep patterns were disturbed and she had been terrified for four years to tell anyone what had been done to her.
Mr Maurice Gaffney SC (with Mr Adrian Mannering), prosecuting, said the offences began when the girl had been playing in the man's home with one of his children.
Garda John Nicholson said the matter came to light after the girl told a family friend about what had been happening. The man made a statement admitting his offending but insisted at all times he had not had sexual intercourse with her.
The defendant said he realised he had a sexual and drink problem and needed treatment. Garda Nicholson said he understood the man was getting treatment. He believed the defendant was remorseful and he had co operated fully with the gardai.
During one interview the defendant said: "I swear to God, I need help. If someone did anything like this to my daughter I would kill him".
Garda Nicholson said the girl was a bright, intelligent person. She spoke coherently to the gardai and told them the defendant told her to keep what was happening with him as "their secret". She would need counselling for the foreseeable future.
The man's employer said he wash a very good worker who had been with him for 20 years. He was trustworthy, reliable and honest at all times. The witness was shocked to hear about the offences.