Woman who sexually assaulted own daughter (6) and let brother rape child jailed for 15 years

Sonya McLean

A mother who sexually assaulted her daughter and allowed her brother to rape the child when she was six years old in an act of “depravity and cruelty”, has been jailed for 15 years.

The woman’s brother, the child’s uncle, was also jailed for 15 years for raping the child.

The rape occurred after his sister brought him into a bedroom where the child was lying on bed watching television and let him rape her while she watched.

The victim testified that she believed this occurred on the man's birthday.

The woman, who is in her 50s, had denied 14 charges, including 13 charges of sexual assault and one of rape.

She was convicted by a Central Criminal Court jury last July following an 18-day trial of two charges of sexual assault on dates between January and September 2001 and the charge of rape – the facilitation of the rape of her child – in March 2003. The child was four years old when she sexually assaulted her in the bed they shared.

The man, who is in his 40s, had also denied six charges of rape and was convicted of one charge of rape in March 2003 at trial.

The jurors were unable to reach a verdict in relation to a third defendant, a man who was accused of the oral rape of the girl. The charges against him were later dropped after the court heard the Director of Public Prosecutions (DPP) was not seeking another trial in relation to this man.

Both the victim's mother and uncle maintain their innocence and do not accept the verdict of the jury.

Anne-Marie Lawlor SC, prosecuting, previously read the woman’s victim impact statement into the record during which she said it was “incredibly difficult” to put into writing what she had endured as a child.

“The past lives with me,” the woman indicated, stating that she was never “saved or spared from the abuse” and she was left feeling like “an outcast in school” because she felt so “different”.

She said she carried secrets that she should never had to carry and she was just surviving. She described living with “crippling fear” and being unable to see herself as anything of value.

Sentencing the mother on Monday, Ms Justice Eileen Creedon commended the woman for her “extreme bravery” in coming forward about the abuse, particularly as it pertained to her own mother.

“A young child should be nurtured by her mother and protected from danger,” the judge said. “This makes this offending particularly cruel, egregious and depraved.”

She noted the mother engaged in the provision of her child for the uncle to rape “on the occasion of his birthday while she watched”.

This abuse of the defenceless child by both offenders was “remarkable in its depravity and cruelty”, the judge added. She noted the girl also grew up in a household of “severe neglect and physical chastisement”.

Ms Justice Creedon set a headline sentence of 16 years for both offenders. She noted they were not entitled to any credit on this sentence given that they continue to deny the charges, have expressed no remorse nor any desire to rehabilitate.

She said she would reduce this headline sentence by one year and jailed them both for 15 years, backdating the sentences to when each offender went into custody.

In her victim impact statement, the woman said she felt as if she was broken and she found “it more difficult to stay alive”.

She said she is afraid of romantic relationships and has since been diagnosed as having Post Traumatic Stress Disorder, along with high levels of anxiety and depression.

She said she feared the consequences of not being believed once she disclosed the abuse but she now realises how strong she is, “having looked back”.

“Today I am no longer trying to survive, I am a survivor. Telling the truth saves you and others,” the woman continued before she added she has been saved by telling the truth and has broken the cycle.

“I am living proof that freedom and hope are possible,” the woman concluded her statement.

The local investigating garda agreed that when the mother was arrested in relation to the allegations, her remaining children were taken into the care of the State.

The investigating garda agreed with Desmond Dockery SC, defending the woman, that his client had lived in the family home with her brother, her parents and another sibling along with her daughter.

He agreed with both Mr Dockery and Michael Lynn SC, defending the male accused, that there were “clearly alcohol issues” in the family home.

Ms Lawlor told the court that the DPP put the case at the highest level of severity of warranting a sentence of between 15 years and life given the victim’s “very tender years” at the time of the abuse, the abuse of trust and the depraved nature of the facilitation of a rape by the child’s uncle.

Mr Dockery asked the court to take into account the fact that his client had no previous convictions and has not come to further garda attention.

He also submitted that none of her other children have made allegations against her.

Mr Dockery acknowledged that his client has shown no remorse because she does not accept the verdict of the jury.

Counsel asked the court to consider that because the woman is now a registered sex offender, she has had a “considerable punishment” and there has a been “a destruction to her reputation”.

Mr Lynn asked the court to accept his client’s co-operation with the garda investigation before he again referred to the “dysfunctional household” that both accused lived in at the time.

Counsel said his client has one adult daughter and has worked hard all his life.

If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help. In the case of an emergency, always dial 999/112.