Wexford man given eight year sentence for rape05/11/2007 - 14:41:05
"If I could get the death penalty, I would gladly take it," a Wexford man told Mr Justice Paul Carney at the Central Criminal Court before he was jailed for eight years for raping a young girl.
Patrick Kavanagh (aged 34) from Carrigban, Bunclody pleaded guilty to eight sample charges of rape and anal rape of the victim on dates from 2002 to 2006. There were 53 counts on the indictment against him in relation to the same victim who recalled he first raped her when she was eight years old.
Detective Garda Maria McWey told prosecuting counsel, Ms Mary Rose Geraghty BL, that Kavanagh surrendered himself to Bunclody Garda Station and said he had heard about the allegations and wanted to make a statement.
Det Gda McWey agreed with defence counsel, Patrick McCarthy SC (with Mr Colman Cody BL), that Kavanagh repeatedly replied "I’m guilty" during interviews and that the victim’s claims were true. He also told gardaí he was ashamed of what he had done to the victim.
Kavanagh said from the witness box that he hoped whatever sentence he got would bring closure to the victim and her family. He apologised for his crimes and the effect they had had on them.
Mr Justice Carney directed that Kavanagh be registered as a sex offender and to undergo five years post-release supervision.
He said that he was obliged by law to place the offence on a point on the scale of penalty available to the court which was up to life imprisonment.
Mr Justice Carney said he placed this case as meriting 11 years imprisonment, taking into account the heinousness of the crime as well as the length of time and frequency of the abuse and the physical and mental effect it had on the victim.
He said he also took into account factors in Kavanagh’s favour which included his early guilty plea, genuine remorse and good work record in imposing concurrent terms of eight years on each offence.
Det Gda McWey said the victim reported that Kavanagh would move her panties sideways when raping her and sometimes wore condoms but told her he didn’t like them.
He also told her that if she didn’t like what he was doing to tell him to stop. He would always stop then and not come back to her for some time but would resume his abuse again. The girl detailed two specific instances of being raped.
Ms Gearty said that medical evidence supported her rape claims and a victim impact statement prepared by a psychiatrist indicated she was still suffering mentally and that as she presented at this time, she might continue to suffer psychologically into the future.
Det Gda McWey said the offending came to life when the victim’s mother discovered phone text messages between Kavanagh and her daughter. Kavanagh had three previous convictions at Bunclody and Wexford District Courts in 1992 and 1995 for burglary, larceny and breach of the peace.
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