Central Criminal Court hears of rape of siblings aged five and three

Central Criminal Court hears of rape of siblings aged five and three

The Central Criminal Court has heard how a five-year-old girl and her three-and-a-half-year-old brother were raped and abused at the hands of their mother and her partner.

At a sentence hearing, the court also heard how the little girl said she had been tied to a chair while her mother and her partner went to the pub.

The boy later told his foster parents they had saved his life.

The 52-year-old man was convicted after a trial on six counts including the rape and oral rape of the girl and on two counts involving the rape and oral rape of her three-year-old brother.

He was also convicted on a charge of false imprisonment of the girl.

The children’s 40-year-old mother was convicted on four counts of sexual assault and four counts of sexual exploitation of her daughter and on four counts of oral rape as part of a joint enterprise with her partner.

She was also convicted of the false imprisonment and reckless endangerment of her daughter and the reckless endangerment of her son.

Both had denied the charges but were convicted by a jury after a six-week trial.

Prosecuting Counsel Anne Rowland told the court the two accused met at a bus stop in 2011 when the woman had four children and her relationship had broken down.

Social services were already engaged with the woman at that point due to concerns about the neglect of her children.

She moved in with the man, leaving a three-bed home to live with him in a two-bedroomed apartment.

In October 2013 she ended up in a refuge and told social workers she could not care for her two younger children and was hitting them without justification.

She put them into voluntary care and it was during that time that her daughter disclosed the sexual abuse.

It was noted that at that stage the girl had limited use of language and developmental delays and although six years old, she behaved like a three- or four-year-old.

In interviews with specialist gardaí the girl told how she had been raped by her mother’s partner and sexually abused by her mother.

She told how she was asked by her mother to engage in sexual activity with her and her partner. Asked how often this activity occurred she said “all the time”.

She also told how she was raped by the man in a house owned by his friend and described the rape as making her cry.

She also told how she was tied to a chair while the couple went to the pub. Later asked how she was tied she said she was glued to the chair.

The girl’s younger brother was taken into the same foster home and also made disclosures about the abuse.

After her children were taken into care the woman was moved out of the refuge and re-housed but the man later moved back in with her and they went on to have more children.

All of the woman’s children are now in care, the court was told.

When arrested, the girl’s mother denied the offences and said her daughter was making up the abuse because she had been put into care.

She also blamed the children’s biological father and said she had once reported it to gardaí and taken her daughter to their doctor amid concerns.

However the court was told there was no record of any garda report and the family’s doctor said no such issue had been brought to his attention.

The woman’s co-accused also denied all allegations during his interviews with gardaí and maintains his innocence.

The children’s evidence was given via recorded interviews with gardaí but the trial did not take place for a further eight years.

In a report to the court the girl’s foster mother told how she was placed with them after two previous placements had proved difficult.

“I can only imagine how traumatic it must have been… we knew we had to give her as much love and care and attention…she needed stability and a routine,” she said.

She said the first two weeks the girl displayed concerning behaviour towards her husband and they decided she should never be left alone with him.

She gravitated towards men, “everyone from the postman to strangers” and had to be warned about strangers repeatedly. At a birthday party she repeatedly asked “where is the man?”.

The foster mother said the girl had no concept of time and could be found playing in her room in the middle of the night.

For two years she had to be put to sleep by her foster mother singing and patting her back.

When she first went into care the girl had difficulty controlling her bladder and bowels and frequently soiled herself.

Her foster mother said within two weeks the girl had given “the most horrific and unimaginable account” of what had happened to her and said she never wanted to go back there.

The woman said the girl behaved more like a three-year-old which hindered friendships. The girl’s little brother also arrived into her care and “was in an awful state” and had a shaved head and a black eye. He also had toileting difficulties.

At that stage both children still had access to their mother and her partner and when asked if they wanted it to continue they said no.

A teacher observed that the boy’s demeanour completely changed around the time he was told he did not have to see his mother and her partner anymore and it was as if a weight had been lifted from him.

The boy was described by his foster mother as being now “a fine young man”, adding “He has said he is glad they are in prison so they can’t do the same thing to any other children and he hopes they stay there forever. He stated that we saved his life.”

The girl has since moved to another foster home and her current foster mother said when she came initially she seemed much younger than her years.

She still needs to regulate her emotions and certain things help to “take the pain away from the top of her head”.

Some things can trigger her emotions and she told her foster mother she gets flashbacks of what happened to her.

She also found the court case painful as she had to wait eight years for it and then had to watch video recordings of herself being interviewed as a much younger child.

Her foster mother added that she “will always struggle but is looking forward to the future and we will care for her until she is strong enough to live independently”.

Prosecuting counsel Anne Rowland told the court the DPP regarded the offences in the case of the man as being in the exceptional category with aggravating factors such as the vulnerability of the children and their young age.

Another factor was his “befriending and maniupulating” the children’s mother and his involving her in his offending.

She said because of the woman’s intellectual disability her culpability may be reduced.

Defence counsel Michael Lynn for the 52-year-old man said his client came from a large family and had a very difficult upbringing involving physical and emotional abuse.

He married quite young and that marriage ended but he was back in a relationship with his ex-wife who was supporting him and had done so throughout the trial.

Mr Lynn said his client had been making efforts to deal with his alcohol addiction. While he was adamant and remains adamant that he did not commit these offences he did not wish to label the children as liars and had said instead that they were mistaken.

Defence counsel Dominic McGinn told the court that the children’s mother had a difficult upbringing and suffered from a mild to moderate intellectual disability.

He said while asserting her innocence she did not make matters worse for the children through cross-examination. He submitted that his client could benefit from the structure of a partially-suspended sentence and said the regime and routine of prison was of benefit to her.

Mr Justice David Keane said there was a lot to consider in the case and adjourned sentence to 13 March.