A WOMAN has claimed in the High Court she was raped and sexually abused by her uncle over 13 years with the alleged abuse beginning when she was aged just 12.
The woman, now in her mid- 30s, claims the assaults occurred between 1990 and 2003 including in her family home, a car, a milking parlour, her grandmother’s house and while babysitting in the man’s home. She has sued him, seeking damages, including aggravated damages. He denies the claims.
The court heard the man was convicted at the Central Criminal Court in 2007 of sexually assaulting his niece but acquitted of raping her. He was jailed for 13 months.
In her action before Mr Justice John Quirke, the woman, now a medical practitioner, claims she suffers anxiety, nightmares, depressive episodes, isolation and is on medication as a result of the alleged abuse.
She told Eugene Gleeson SC that her uncle started by inappropriately touching her before forcing her to have intercourse with him. She said he would arrive at her home on occasions in an attempt to have sex with her when her mother was out and also tried to have sex with her at her grandmother’s home when there were relatives in the next room.
She said he forced her to have sex when she had agreed to babysit for him while his wife was away on holidays. He would watch pornographic films while she was being assaulted.
After she went to college, she said he would phone her and ask her about her sex life. He sent £20 and a note to her asking “not to come back with anything in her stomach”, she said.
On one occasion when she was at home, he had lifted up her dressing gown and said he “would like to get some of that again”.
She said she was afraid to talk to anyone about what had happened to her but finally made a statement to the Garda in 2003.
Cross-examined by her uncle, who is representing himself, the woman denied she was fabricating her claims against him.
In his own evidence, the man claimed the woman was telling lies and was bringing the action in order to take his farm. He said she had no support within the family and denied he ever raped or seriously sexually assaulted her.
Cross-examined by Mr Gleeson, he said he “had not been a good uncle” to her. He agreed he had sex with her in his bed when she was aged 16 but it was consensual and initiated by her. He also said he did not know at the time that 16 was below the legal age of consent.
He agreed he had touched his niece and another girl, who also babysat his children, on their breasts and buttocks. He had admitted before a court in 2009 he had sexually assaulted the other girl. He said this touching was outside the girls’ clothing and he did not regard it as sexual assault.
He accepted it was not appropriate behaviour and described such actions as “messing”. If what he had done was so bad, why did his niece and the other girl continue to call around to his house while they were in their late teens and early 20s, he asked.
The man’s wife told the court the plaintiff had made similar allegations against other men and said one of those was investigated by the Garda. Mr Gleeson said gardaí were not aware of such complaints. Mr Justice Quirke said he would give his judgment today.