Courts / Dublin / Report

Jail for man who claimed allegation of sexual abuse was fabricated

Date
2021-10-22

Stage
Appeal

Primary locality
Tallaght

County
Dublin

Summary

A man who sexually assaulted his partner's niece and later claimed the allegation was fabricated due to a family feud has been jailed. Martin Cawley (65) of Drumcairn Parade, Tallaght, was found guilty by a jury of sexually assaulting the girl at his home in Dublin in October 2013, when she was 10 years old. The trial was held in the Dublin Circuit Criminal Court in July this year. Cawley gave a hand-written statement to gardaí, alleging the child's mother was behind the allegation due to a family feud. The trial heard that the girl was in Cawley's home on the day in question while her mother visited her grandfather in hospital. She was in the sitting room when Cawley exposed himself, held her down, and simulated sex while on top of her. The offence came to light when the girl confided in her sister, and her parents went to gardaí in 2015. Cawley was interviewed and charged in early 2016. The complainant, now 18, stated in a victim impact statement that she has suffered from insomnia, depression, and high levels of anxiety as a result of the assault. She has informed the DPP that she wishes to waive her anonymity, allowing for the naming of Cawley as per the 1981 Rape Act. Cawley has expressed remorse in general terms but has not accepted the jury's verdict. He has 46 previous convictions, including one sexual offence. John Fitzgerald SC, defending, noted Cawley's health issues, including diabetes, heart problems, and prostate cancer, and said a prison sentence could be a life sentence for him. Judge Karen O'Connor imposed a three-year prison term but suspended the final nine months in light of Cawley's health issues. She commended the complainant's bravery and noted the severe impact of the assault on her mental health. The matter was adjourned at the appeal stage.