Abusive uncle relied on victims' 'innocent view of life'

An elderly bachelor has been jailed for five years for the sexual abuse of four of his nephews and one of his nieces 20 years ago.

An elderly bachelor has been jailed for five years for the sexual abuse of four of his nephews and one of his nieces 20 years ago.

The 65-year-old recovering alcoholic wept as his defence counsel related how he had drunk poison in a suicide attempt, partly because he could not face the prospect of jail, after his family confronted him about the abuse.

One of the nephews, now aged 38, read his victim impact statement to the court. He said his innocence had been taken from him by the abuse. He said life was a daily struggle and life for him was “full of ifs and buts”.

He said he started drinking aged 13 and alcoholic blackouts were his only form of relief. He had also abused drugs and had difficulty in relationships. He thanked the gardaí and his family and said he hoped justice would be done so he could get on with his life.

The man’s niece, now aged 39, said she still felt “dirty and damaged” and the abuse had affected her confidence and relationships. She said she had learned to blank out the abuse which she said “has ruined my life completely” but did not want people to feel sorry for her.

“He was supposed to be minding me,” she said, “I will never be able to trust anyone again.”

In personal letter read to the court she asked: “Please let the system not fail me again.”

The north Dublin man, who can not be named for legal reasons, pleaded guilty to four counts of indecent assault against one nephew; two counts of buggery and one of indecent assault against a second nephew; and one count of indecent assault each against two further nephews.

He also pleaded guilty to three counts of indecent assault of a niece on dates between 1975 and 1983.

The children were aged between five and 13 at the time of the offences.

Judge Patrick McCartan said the accused had destroyed the lives of some of his victims and “the trust that they placed in him was hugely abused in ways that could not be worse”.

He commended the work of the gardaí in the case and the bravery of the two victims who spoke in court.

He imposed concurrent sentences totalling five years and extended the hope that there would be a better future for all involved in the case.

Garda Karl McNamara told prosecuting counsel, Mr Paul Carroll BL, that the accused man’s extended family lived near each other and in the late 70s and early 80s some of his brother’s and sister’s children would occasionally stay overnight at his home, where most of the abuse occurred.

The abuse came to light following a family confrontation in 2003 and a subsequent complaint to the Gardaí in 2007.

Two of his nephews reported abuse ongoing over a period of time involving their uncle getting into bed naked with them, fondling them and then attempting to have or actually having sex with them.

Two further nephews told gardaí about one-off incidents where the accused got into bed with them and fondled them.

His niece also detailed abuse at the hands of her uncle.

The children were told it was to be a secret and promises were made about football matches and buying them crisps and soft drinks at the pub.

The accused man was interviewed by gardaí in March 2008 and made general admissions about the abuse. He initially said he did not recall abusing his niece but accepted it was probably true if she had said it.

Garda McNamara agreed with Mr Padraig Dwyer SC, defending, that the accused told gardaí he “had been waiting for that day for six years” since the family had confronted him.

He agreed that the accused expressed remorse on a number of occasions and became visibly upset.

Garda McNamara agreed that the accused said the abuse happened when he had been drinking and that to his knowledge there had been no further incidents since he stopped drinking in 1984.

Mr Dwyer said the accused wish to apologise for the hurt he had caused and submitted he was taking complete responsibility for his behaviour.

He handed in a report from the Granada Institution which assessed the man to be at “low to moderate risk” of re-offending. He said the man was willing to continue counselling and his prospects for rehabilitation were “quite good”.

He said since the man stopped drinking his “moral compass has been restored” and, despite the fact that “he spent most of his adult life in an alcoholic haze”, the accused accepts that alcohol was not an excuse.

He said the accused had lived his life “socially isolated” and had difficulties forming relationships with adult women. It was against this background that he used the children as a means to meet his needs for physical and emotional intimacy.

“He manipulated the children involved and relied on their love for him as an uncle and their innocent view of life,” said Mr Dwyer. He said the accused had a sum of €50,000 available to offer as compensation.

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