Courts / Dublin / Report

Judge commends courage of woman for coming forward about father's sex abuse

Date
2020-07-09
Stage
Sentence
Primary locality
Balrothery
County
Dublin

Summary

In a Dublin Circuit Criminal Court hearing, a judge praised a survivor of child sexual abuse for her courage in coming forward. Ms Jennifer Lydon McElwaine, who was aged six to eleven when abused, waived anonymity to name her father, Raymond McElwaine, who pleaded guilty to eight counts of indecent assault and sexual assault between 1988 and 1994. She described the lasting impact of the abuse, noting how her father's control and manipulation affected her and her mother, and how she felt unheard as a child. Ms Lydon McElwaine highlighted her father's lack of remorse and his attempts to manipulate her into silence. The judge acknowledged her early bravery and her ongoing concern for other children, and adjourned sentencing to allow a probation report while remanding her in custody until October 8, 2020. The hearing also covered the father's admissions during Garda interviews and the court's assessment of his low risk of re‑offending.

Who, what, where, when and why

What: Report matter: Judge commends courage of woman for coming forward about father's sex abuse. Charges or matters: eight sample counts of indecent assault and sexual assault of his daughter at the former family home in Balrothery Estate on dates between June 1988 and December 1994. Procedural stage: sentence

When:

Why: The court heard her reason for disclosing the abuse was she did not want her father in her children's life and she was concerned about other children in the family. Court evidence reported by CNI

Case subjects

Lydon McElwaine

Applicant

Outcome: Ms Lydon McElwaine said her father had been meant to protect her but instead used her for his own sexual gratification. "The only person my father ever protected was himself." "The crime is not mine but I have been left with a cross to bear for the rest of my life," she told Judge Karen O'Connor, "child sexual abuse is a life sentence." Ms Lydon McElwaine extended her thanks to prosecuting garda Sergeant Gearoid O'Brien. Judge O' Connor adjourned sentencing to allow a probation report be prepared and remanded McElwaine in custody until October 8, 2020 for finalisation of sentence.; Judge O' Connor adjourned sentencing to allow a probation report be prepared and remanded McElwaine in custody until October 8, 2020 for finalisation of sentence.

Raymond McElwaine

Defendant

Charges: eight sample counts of indecent assault and sexual assault of his daughter at the former family home in Balrothery Estate on dates between June 1988 and December 1994 (Admitted)

Plea: Guilty

Outcome: Ms Lydon McElwaine said her father had been meant to protect her but instead used her for his own sexual gratification. "The only person my father ever protected was himself." "The crime is not mine but I have been left with a cross to bear for the rest of my life," she told Judge Karen O'Connor, "child sexual abuse is a life sentence." Ms Lydon McElwaine extended her thanks to prosecuting garda Sergeant Gearoid O'Brien. Judge O' Connor adjourned sentencing to allow a probation report be prepared and remanded McElwaine in custody until October 8, 2020 for finalisation of sentence.; Judge O' Connor adjourned sentencing to allow a probation report be prepared and remanded McElwaine in custody until October 8, 2020 for finalisation of sentence.

Places mentioned

Residence
Court Venue
  • Dublin
  • Dublin Circuit Criminal Court
Incident

Topics

Stage Sentence Violent Crime

Related court reports

Read the original CNI report

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