*Ennis Courthouse.
A JUDGE has imposed a six-year prison term on a father for the “grotesque” sexual assault of his then 14 year old daughter at their Co Clare home.
At Ennis Circuit Court, Judge Sarah Berkeley imposed the six year prison term with the last six months suspended on the 42 year old after he sexually assaulted his daughter in her bedroom after he had been drinking downstairs to excess while watching on TV an Arsenal v Manchester Utd Premier League tie on January 22nd 2023.
At the sentencing hearing, Judge Berkeley said that an aggravating factor in the case was “the significant breach of trust as the relationship between the two was father and daughter and there is no greater breach which occurs in such a familial relationship”.
Judge Berkeley said that the age disparity between the two was also an aggravating factor as the accused was in his 40s and his daughter was 14 at the time and was going through changes in her body, a significant time of development.
Judge Berkeley said that the sexual assault upstairs in the family home in Co Clare was “a very serious violation of trust and the nature of abuse committed, which included digital penetration, was grotesque”.
Judge Berkeley stated that during the sexual assault, the man ‘french-kissed’ his daughter and asked her “did you like that?”
Counsel for the State, Sarah Jane Comerford BL (instructed by State Solicitor for Clare, Aisling Casey) said that the girl told her father to go away but he kept on doing it.
Judge Berkeley said that the sexual assault was in the ‘mid-range’ of sexual assault offences.
Judge Berkeley said that the man who cannot be identified in order to protect the identity of the complainant in the case pleaded not guilty to 13 counts of sexual assault against his daughter between January and April 2023 and a jury delivered a unanimous guilty verdict on all counts at the end of a three day trial in November.
Judge Berkeley said that the complainant in the case came across as “a very quiet girl” during the trial.
The teenager now aged 17 and currently studying at secondary school declined to provide a victim impact statement for the sentencing hearing.
At the sentencing hearing, counsel, Rebecca Treacy BL (instructed by solicitor, Daragh Hassett) for the accused, said that her client doesn’t accept the jury’s verdict and confirmed that a letter written by the accused handed into court doesn’t show any remorse.
Judge Berkeley said that during the January 22nd to April 2023 period, the accused sexually assaulted his daughter on a regular basis but the first incident on January 22nd was by far the most serious.
Investigating Garda in the case, Garda Nadine Keane said that the complainant disclosed the sexual assaults to a best friend at school.
School authorities were informed shortly after who in turn notified TUSLA, the Child and Family Agency.
Garda Keane said that the accused agreed to leave the family home as part of a Safety Plan after TUSLA presented him with the allegations. The man resided at a Limerick address after leaving the family home.
Ms Comerford said that the accused denied all allegations and gave the impression of a very good relationship with his daughter.
She said that the accused said that he kissed all his children on the lips when saying goodnight to them, that the allegations were lies and he accidentally hit off his daughter’s breast and he apologised for that.
Ms Treacy said that there was no evidence of force or coercion used in the assaults and that the timeframe was relatively short.
The man has 15 previous convictions. Judge Berkeley backdated the sentence to November when she first remanded the man in custody after the jury verdict.
Judge Berkeley said that the man is now also on the Sex Offenders’ Register.
