A Cork man found guilty of raping and sexually assaulting his then-partner and his son has been sentenced to 12 years in prison.
The 56-year-old man, who cannot be named to protect the anonymity of his victims, was found guilty by a jury earlier this year after a trial of 61 cases in the Central Criminal Court, including those of his then-accomplice. There were also two rape cases involved. 52 cases of sexual harassment with her.
He was also found guilty of four counts of sexually assaulting her son and raping a boy aged nine to eleven at the time.
The man was also convicted of two charges of cruelty to the children of his former partner. The incident took place between October 2013 and December 2015.
The defendant does not accept the verdict and maintains his innocence. The court heard today, he has no previous conviction and intends to appeal his sentence.
Eleven character references were provided to the court on behalf of the defendant. These included statements from friends, neighbors and people who had worked with the man, with many references describing him as a “caring father” and a good friend.
In her victim impact statement, the woman said that she was a “strong and independent” woman before she met the man, but had taken it away.
He said that he looked good at the beginning of their relationship, but it was “all pretense”.
She said she did her best to protect her children, but that was impossible because the defendant, whom she described as a “sick monster”, was always in control.
Sentencing, Mr Justice Michael McGrath said the defendant’s behavior was “emotionally and physically oppressive”.
He said rape is a “very serious” offense that “invades the dignity of the victim” and that the incident, took place against the backdrop of sexual assault.
The judge said the rape and sexual assault of her son involved a “breach of trust” by a man whom the boy considered to be the same as the father.
Justice McGrath said the victim’s children were small and weak. The defendant had made him feel intimidated by his “oppressive and cruel” conduct.
The court heard the defendant and the woman was in a relationship and has four young children.
The defendant raped his then-partner around Halloween 2013 and between September and December 2015.
He also sexually assaulted her on a weekly basis during 2015.
The court had earlier heard evidence that the defendant had raped the woman’s son.
She also sexually assaulted the boy in the shower after sports training.
On one occasion, the boy woke up to find the man above himself. Mr Justice McGrath said the experience must have been “painful and horrifying” for the boy, who faced a “difficult time” at the hands of a man he believed to be a father figure.
The defendant expected the children to clean the house at any time.
He also locked all the interior doors and had to take permission to use the bathroom. The victim’s daughter was also subjected to the respondent’s display of anger and interference in his homework.
Referring to victim impact statements, Mr Justice McGraw said the victim’s daughter underlined that she felt like “living in prison” and was confident that no one would believe her.
The judge said the victim’s son felt like an outsider in his family as he was hiding the secret. He said the defendant’s behavior had lowered his self-esteem and self-esteem and that his desire to be in control made it impossible for him to protect his children.
Mr Justice McGrath said he had considered the character references submitted on behalf of the defendant, indicating that the referee was informed of his sentence and of his “good standing” in the community.
“These also serve to highlight the often covert nature of domestic violence,” said Mr. Justice McGraw.
Mr Justice McGraw said that the suspension of a portion of the sentence was not justified as the defendant had expressed no remorse. He extended the sentence till March 23.
He also imposed a supervising order on the defendant after 12 months of release.
The statements of victim impact given by the accused’s former accomplice, his son and daughter were read out by Shane Costello SC during an earlier sentencing hearing.
She found that it was “heartbreaking” that she could not visit her children because the defendant had locked the interior doors of the house. She said the defendant was a “sick monster” for his behavior towards his “innocent” son.
After the relationship ended, the defendant followed her, which scared her.
She said that she regrets bringing the man into her family’s life and has nightmares.
Her daughter, now 20, said in her victim impact statement that the defendant never showed her any affection and that the family home was like a “jail”.
She said that she made her life a “living hell” when she was studying for the Leaving Certificate and felt that her life was not worth living. She found the trial emotional and scary, but now she felt free because the defendant could no longer control anyone.
Reading her own victim impact statement, her son, now 19, told the court: “No child should have felt like I did.” He said that he treats the respondent as a father figure and that the respondent has broken that trust.
He said he stood up for himself after feeling isolated within his family because he was carrying a secret.
He called for justice, “not only for me but for the child I was”.
In evidence during the trial, the defendant stated that the three children were difficult during their early years and that their mother used the charges to get help finding alternative housing.
Thomas Creed SC defended that the defendant had a reputation as a hard worker and had worked in a variety of jobs.
He loves his children and is eager to provide the best for them.
Mr. Creed stated that the respondent is disappointed that he is not in a position to become a full-time father of his four young children.
Justice McGrath said the victim and her children had shown “a lot of patience and courage” during the trial.
He added that the victim also had to hear evidence during the trial of the defendant’s crimes against her children.
He sentenced him to 14 years in the most serious case of rape against his then accomplice, which he reduced to 12 years, taking into account the mitigation.
The judge sentenced him to five years for sexual assault. The defendant was also sentenced to 10 years in each case of rape of the boy and six years in each case of sexual assault.
Mr. Justice McGrath sentenced him to five years in each case of child cruelty. All the sentences have to run concurrently.
He said that, in mitigation, the defendant had a good work history and was of good character before. The respondent had expressed disappointment that he could not be a full time father to his young children.