Courts / Laois / Report
4.5 years for systematic rape and abuse of sisters too lenient, appeal court finds
Summary
In May 2023 the Court of Appeal increased the sentence of Christopher Rafter, 49, from four‑and‑a‑half years to seven years' imprisonment with the final 12 months suspended. Rafter had pleaded guilty to raping and sexually assaulting his two younger sisters, Dolores Prendergast and Linda Rafter, between 1989 and 1993 while he was a minor. The sisters, aged between six and eleven at the time, were abused repeatedly, with Rafter's conduct described as systematic and serial. The original concurrent sentences for the two victims had been criticised as too lenient, and the appeal court found the mitigation and suspended portion too generous. The appeal hearing highlighted the severe and prolonged impact on the sisters, who had suffered family ostracism and ongoing psychological harm. The new sentence reflects the seriousness of the offences and the cumulative nature of the abuse.
Who, what, where, when and why
What: Report matter: 4.5 years for systematic rape and abuse of sisters too lenient, appeal court finds. Charges or matters: the rape and sexual assault of the two sisters at the family home on dates between 1989 and 1993. Procedural stage: appeal
When:
- 1989 and 1993 Incident
- 2023-05-19 Publication
Why: Counsel agreed with Mr Justice Patrick McCarthy her issue was that, because the sentences were concurrent, it amounted to a "single punishment". CNI source report
Case subjects
Defendant
Charges: the rape and sexual assault of the two sisters at the family home on dates between 1989 and 1993 (Admitted)
Plea: Guilty
Outcome: Ms Justice Kennedy said that the headline sentence of nine years identified for the rape offences had not been unduly lenient but the mitigation accounted for and suspended portions imposed did not reflect the offending conduct. "In our view, the discount permitted for mitigation and the length of the period which was suspended was too great," said Ms Justice Kennedy. She then quashed the original sentence of four-and-a-half years and re-sentenced Rafter to seven years imprisonment with the final 12 months suspended.
Places mentioned
- Court of Appeal
- Central Criminal Court
Topics
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