The four-and-a-half year jail sentence handed down to man who continually abused his two younger sisters - which included raping one sister "eight to 10 times" - was too lenient and should be overturned, the State has argued at the Court of Appeal.
It is the State's case that there were two victims in the case, but only one punishment due to the concurrent structure of the sentences imposed.
When jailing Christopher Rafter (49) in June 2022, Mr Justice Paul McDermott told the Central Criminal Court it was “outrageous” that family members criticised the sisters and ostracised them for their courage in revealing the abuse, which he said had "destroyed" their childhood.
"They were little children in their own home," the judge said, adding that Rafter bears the guilt and the responsibility for his abusive behaviour. "It should not even have to be stated," Mr Justice McDermott said.
In their victim impact statements, sisters Dolores Prendergast and Linda Rafter said they hoped their coming out about the abuse would help others "carrying a similar cross".
The women waived their anonymity in order for Rafter to be named.
Rafter, of The Hermitage, Portlaoise, Co Laois, had pleaded guilty at the Central Criminal Court to the rape and sexual assault of his two sisters at the family home on dates between 1989 and 1993. Rafter had no previous convictions at the time of his sentencing.
Ms Rafter and Ms Prendergast were both younger sisters of Rafter, and were aged between six and 10 and nine and 11 respectively at the time of the abuse. Rafter was 14 at the start of his offending and 19 when it ended.
'Systematic abuse'
At the Court of Appeal on Monday, Fiona Murphy SC, for the State, said Rafter had been given "too much credit" in mitigation when he was jailed for the "systematic abuse" of the two sisters and that the resulting sentence was "too low".
Ms Murphy said the maximum penalty for sexual assault was 10 years' imprisonment but Rafter had only been sentenced to two years' imprisonment for the 10 indecent assaults.
Ms Murphy said a "low" headline sentence of nine years' imprisonment had been identified by Mr Justice McDermott for the rape of Ms Rafter but that mitigating factors reduced this to six years before the judge suspended 18 months of that sentence.
The barrister said the judge identified seven years as a headline sentence for the rape of Ms Prendergast, but reduced that to four-and-a-half years after mitigation.
All sentences were to run concurrently, Ms Murphy added.
Ms Murphy said the abuse of Ms Prendergast would happen late at night in the family home and initially involved the fondling of her private parts when he pulled down her underwear. Counsel said Ms Prendergast would freeze and felt pain while she tried to pretend she was asleep.
Ms Murphy said digital penetration occurred on "a weekly basis or more often" and that there had been one incident of rape regarding her on Rafter's indictment.
The barrister said Ms Rafter had been raped "eight to 10" times by the accused and that the sexual assaults had become a "formality" for Rafter who would summon the girl upstairs.
Ms Murphy said Ms Rafter adopted the behaviour of "a robot" when dealing with the abuse and that both sisters had believed they were his only victim.
Disclosure
The two women spoke up about the abuse and Rafter was confronted at a family gathering where he admitted what he had done. Ms Justice Isobel Kennedy asked if the offending was "continuous" and was told it was.
Counsel agreed with Mr Justice Patrick McCarthy her issue was that, because the sentences were concurrent, it amounted to a "single punishment".
Ms Murphy said the abuse was "a significant breach of trust" that continued over a five-year period and into Rafter's adult years. She added that Rafter's guilty plea could not be said to be an early plea.
The barrister said the cumulative nature of the offending had not been fully marked by the jail sentence.
Ms Murphy said too much "weight" had been given to the fact that the majority of the abuse took place when Rafter was a minor.
The barrister said the offending involved two victims who were younger siblings of Rafter, who he should have been minding.
John D Fitzgerald SC, for Rafter, said the Covid lockdown had delayed Rafter from entering his guilty plea as further psychiatric assessments had to be obtained after an initial report.
Mr Fitzgerald said the majority of the offending occurred when Rafter was a minor and referenced similar sentences for the sexual assault and rape, which meant that the four-and-a-half year jail term was "not radically out of line" with other cases.
Mr Fitzgerald said there had been an issue with Rafter's mental functioning and his ability to understand his offending, adding his client had a "borderline intellectual disability" coupled with a "schizoid personality".
The barrister said his client would find it "more difficult" to serve his sentence compared to others and that he was a "very different" 18-year-old upon reaching his majority compared to most people.
Mr Justice McCarthy said the offending had been so fundamentally wrong that it was "almost irrelevant" that Rafter had cognitive difficulties. "It's such a basic concept that it should be understood that it is wrong," the judge said.
Mr Justice McCarthy said it is the State's case that there were two victims but that there was only one punishment for the offending because of the concurrent structure of the jail sentence.
Mr Fitzgerald said this did not amount to an error in principle when Rafter was being sentenced, that his client had indicated his remorse to the family and had no previous convictions.
Ms Justice Kennedy said the abuse had "a very severe and prolonged effect" on the two women.
Ms Justice McCarthy said the court would reserve its judgement in the case.
If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/, or visit Rape Crisis Help.
In the case of an emergency, always dial 999/112.
