Courts / Ireland / Report

Man avoids jail for rape of siblings after victims ask court not to imprison him

Summary

An unnamed man, who pleaded guilty to one count of oral rape of his younger sister and one count of sexual assault of his younger brother on unknown dates between 1994 and 1997, was handed a suspended prison sentence at the Central Criminal Court. The matter reached this stage after the Director of Public Prosecutions' initial decision against prosecution was overturned on appeal. Ms Justice Karen O'Connor suspended a three-and-a-half-year sentence in full, citing the "wholly exceptional" circumstances, including the accused's remorse and the victims' request not to imprison him. She noted the accused was 13 at the time of the offending and sentenced him as a child. The headline sentence for the rape count was reduced from seven years to three-and-a-half years, while a two-year sentence for the sexual assault count was imposed to run concurrently. The judge highlighted the accused's lack of previous convictions and his self-employment as mitigating factors. Although the victims described the incidents as a breach of trust, they stated in impact statements that they did not want a custodial sentence. The accused read a letter apologising to his siblings, acknowledging his failure as an older brother. The court concluded the sentencing phase with the full suspension of the effective custody term.

Who, what, where, when and why

What: Report matter: Man avoids jail for rape of siblings after victims ask court not to imprison him. Charges or matters: one count of oral rape of his younger sister and one count of sexual assault of his younger brother on unknown dates between 1994 and 1997. Procedural stage: appeal

When:

• March 23, 2017 Incident
• 1994 and 1997 Incident
• 2022-11-14 Publication

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

Read the original CNI report