A FIVE YEAR suspended sentence has been imposed on a father who was so appalled by his sexual abuse of his daughter that he went to gardai and confessed. But both his victim and his wife declined to confirm his confession, the Central Criminal Court was told.
The 35 year old Dublin man's family, including the victim, had all pleaded with the court not to jail him and he has now been reintegrated into the family unit, Mr Justice Carney noted.
The judge said the higher courts had ruled that rape offences should be subject to immediate custodial sentences. However, the door had been left open to judges to deal more leniently with "exceptional cases".
He said that in this case the defendant had taken responsibility for his actions.
"It seems to me offenders should be encouraged to come forward," he added.
The man affirmed pleas last year to raping his daughter in their home on two occasions in 1991. He also affirmed pleas to eight charges of sexually assaulting her during 1991 and 1992.
Mr Justice Carney recalled that when the man first came before him last year he took the unusual step of adjourning the case for a year on bail.
He might have been criticised at the time, but events had shown he had been entirely justified, he said.
When reading the case file he had been struck by the extensive pleas by the man's children, including the victim, asking that their father not be sent to prison.
Mr Patrick Gageby SC, prosecuting, agreed with the submission by Mr Kevin Haugh SC, defending, that the case was perhaps without precedent.
He said his client used seduction rather than force to carry out the offences. He submitted the case was exceptional as the man became appalled by his own actions and went to gardai of his own accord. No complaint had been made before this.
Over the last year, the man and his family had been seen by the Eastern Health Board and he had recently been allowed back into the family home and reintegrated into the family unit.