Courts / Ireland / Report

74-year-old man receives two year sentence for sexually abusing his sister-in-law in the 1970s

Date
2015-05-08
Stage
Sentence

Summary

In a 2015 case, a 74‑year‑old Kerry man was sentenced to two years' imprisonment for sexually abusing his sister‑in‑law during the 1970s. The judge, Ms Justice Margaret Heneghan, noted that under the Criminal Law Amendment Act 1935 the maximum term for a first offence was two years, and that a fully suspended sentence was rejected. The sentence included a six‑month suspension and six months of post‑release supervision, with a prohibition on unsupervised contact with children. The man pleaded not guilty to 11 counts of indecent assault between 1971 and 1974, was found guilty by a jury, and the judge considered his age, health and the defence's claim that the offences were "not necessarily the most serious." The victim, now 53, reported the abuse in 1986 but only filed a police complaint in 2007. She described repeated sexual assaults, the emotional impact, and her feelings of isolation and depression.

Who, what, where, when and why

What: Report matter: 74-year-old man receives two year sentence for sexually abusing his sister-in-law in the 1970s. Charges or matters: 11 counts of indecent assault on various dates between January 1, 1971 and December 31, 1974. Procedural stage: sentence. Findings: Found guilty

When:

Why: The woman said that she did not complain about what happened at the time because she "was taught not to question my elders". CNI source report

Case subjects

Unnamed 74-year-old

Defendant

Charges: 11 counts of indecent assault on various dates between January 1, 1971 and December 31, 1974 (Proven)

Plea: Not guilty

Finding: Found guilty

Outcome: Found guilty; Ms Justice Margaret Heneghan imposed a two year sentence with the final six months suspended and six months post release supervision. She took into account the age and health problems of the abuser as well as defence evidence that the offences were "not necessarily the most serious." Ms Justice Heneghan rejected a defence application to impose a fully suspended sentence on the basis that a loss of reputation in the accused's small community is sufficient punishment.

Places mentioned

Court Venue
  • Central Criminal Court

Topics

Sexual Offences Stage Sentence Violent Crime

Read the original CNI report

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