Meath father gets 10 years for raping daugther
A Meath father who raped his then 20-year-old daughter after both had consumed a lot of alcohol has been jailed for 10 years by Mr Justice Paul Carney at the Central Criminal Court.
The 45-year-old married man pleaded guilty to raping the victim at their home on July 16, 2006.
Mr Justice Carney also directed that his name be added to the register of sex offenders.
Garda Eugene Fleming told prosecuting counsel Mr Anthony Sammon SC (with Mr Sean Gillane BL) the man who was "a binge drinker" admitted during interview that he had raped his daughter in her bed.
Garda Fleming said the rape happened following a party at which she had consumed a lot of drink. The victim was feeling sick when she went to her bed and her father came in and out of her bedroom several times with a basin for her before he raped her.
Garda Fleming agreed with defence counsel, Mr Paul Burns SC (with Mr Daithi Mac Carthaigh BL, instd by Mr Tomas Brabazon, Solc) that her father had been confronted by family members and admitted to them what happened by the time gardai called to the house.
Garda Fleming agreed the man was quite calm when arrested but became remorseful when interviewed and became so distressed that he was taken by gardai to hospital. He was later admitted to psychiatric unit.
When Mr Sammon said the victim didn't wish to address the court or to have her victim impact statement read out publicly, Mr Justice Carney replied that justice was administered in public and that while these hearings were in private, the media had a right to be present and to report the proceedings for the public under certain legal restrictions.
"I cannot have these matters dealt with behind backs in private," Mr Justice Carney said.
The victim then agreed that Garda Fleming should read out her victim impact statement in which she said she had gone by her own efforts from lacking in self-confidence and having low-esteem to "feeling on top of the world and enjoying enjoying life" until her binge-drinking father raped her.
She said he had seemed willing to change by giving up alcohol and things appeared to be going well for the family until his action shattered her life to the point where she entertained suicidal thoughts and she had to have counselling and medication due to constant flashbacks and nightmares about her father.
"The impact of this tormented ordeal has changed me to the extent that I will carry the scars for the rest of my life."
While his daughter's impact statement was being read by Garda Fleming, her father became distressed and tried to turn away from public view while trying to suppress his visible tears.
Mr Burns submitted that his client was so shocked and distressed at what he did that he developed "suicidal notions" for which he had to have psychiatric treatment.
He had finished with alcohol and wished to express his sorrow and remorse through the court to his daughter and family whom he accepted he had failed as a father and husband. He understood their attitude towards him but hoped that sometime in the future there could be some form of contact.
"He accepts that he committed a dreadful deed for which he is remorseful and that he must be punished for his reprehensible act," Mr Burns said.
Mr Justice Carney said there were "principles of sentencing" which the court had to take into consideration "in accordance with established law" and that commentators who didn't take account of these "restraints" misrepresented the situation.
Mr Justice Carney noted "the seminal case of O'Driscoll" in which Mr Justice Brian Walsh stated that sentence wasn't passed merely to deter the particular criminal from committing a crime again but to induce him in so far as possible to turn from a criminal to an honest life which would best serve the public.
"It is therefore the duty of the Courts to pass what are the appropriate sentences in each case having regard to the particular circumstances of that case - not only in regard to the particular crime but in regard to the particular criminal."
He said Ms Justice Susan Denham in the case of "M" stated: "Sentencing is a complex matter in which principles, sometimes being in conflict, must be considered as part of the total situation.
"Thus, while on the one hand a grave crime should be reflected by a long sentence, attention must also be paid to individual factors, which include remorse and rehabilitation, often expressed inter alia in a plea of guilty, which in principle reduce the sentence."
Mr Justice Carney said that balancing all the factors outlined in the case as best he could he imposed a sentence of 10 years.
