Woman facilitated rape of her daughter (6) by uncle, court hears

By Sonya McLean

A mother who facilitated the rape of her six-year-old daughter by the child’s uncle will be sentenced next January in the Central Criminal Court.

The woman is also due to be sentenced for two charges of sexually assaulting the child when she was four years' old.

The woman’s brother, the child’s uncle, is also due to be sentenced for raping the child after his sister brought him into a bedroom where the child was lying on bed watching television.

The court heard that the woman remained in the room during the rape and afterwards lifted her daughter from the bed and returned her to her own bed in another room.

The woman, who is in her 50s, had denied 14 charges, including 13 charges of sexual assault and one of rape.

She was convicted by a Central Criminal Court jury last July following an 18-day trial of two charges of sexual assault on dates between January and September 2001 and the charge of rape – the facilitation of the rape of her child – in March 2003.

The man, who is in his 40s, had also denied six charges of rape and was convicted of one charge of rape in March 2003 at trial.

The jurors were unable to reach a verdict in relation to a third defendant, a man who was accused of the oral rape of the girl.

On Monday, Anne-Marie Lawlor SC, prosecuting, said the Director of Public Prosecutions was not going to seek another trial for this man and a nolle prosequi was entered in the case – meaning that the charges against him were dropped and he was free to go.

The court heard on Monday that both the victim's mother and uncle maintain their innocence and do not accept the verdict of the jury.

Ms Lawlor read the woman’s victim impact statement into the record during which she said it was “incredibly difficult” to put into writing what she had endured as a child.

“The past lives with me,” the woman indicated, stating that she was never “saved or spared from the abuse” and she left feeling like “an outcast in school” because she felt so “different”.

She said she carried secrets that she should never had to carry and she was just surviving. She described living with “crippling fear” and being unable to see herself as anything of value.

The woman said she felt as if she was broken and she found “it more difficult to stay alive”.

She said she is afraid of romantic relationships and has since been diagnosed as having Post Traumatic Stress Disorder, along with high levels of anxiety and depression.

She said she feared the consequences of not being believed once she disclosed the abuse but she now realises how strong she is, “having looked back”.

“Today I am no longer trying to survive, I am a survivor. Telling the truth saves you and others,” the woman continued before she added she has been saved by telling the truth and has broken the cycle.

“I am living proof that freedom and hope are possible,” the woman concluded her statement.

Ms Lawlor told Justice Eileen Creedon that the woman also testified during the trial that she suffered physical chastisement and neglect at the hands of her mother.

The local investigating garda agreed that when the accused woman was arrested in relation to the allegations, her remaining children were taken into the care of the State.

The investigating garda agreed with Desmond Dockery SC, defending the woman, that his client had lived in the family home with her brother, her parents and another sibling along with her daughter.

He agreed with both Mr Dockery and Michael Lynn SC, defending the male accused, that there were “clearly alcohol issues” in the family home.

Ms Lawlor told the court that the DPP put the case at the highest level of severity of warranting a sentence of between 15 years and life given the victim’s “very tender years” at the time of the abuse, the abuse of trust and the depraved nature of the facilitation of a rape by the child’s uncle.

Mr Dockery asked the court to take into account the fact that his client had no previous convictions and has not come to further garda attention.

He also submitted that none of her other children have made allegations against her.

Mr Dockery acknowledged that his client has shown no remorse because she does not accept the verdict of the jury.

Counsel asked the court to consider that because the woman is now a registered sex offender, she has had a “considerable punishment” and there has a been “a destruction to her reputation”.

Mr Lynn asked the court to accept his client’s co-operation with the garda investigation before he again referred to the “dysfunctional household” that both accused lived in at the time.

Counsel said his client has one adult daughter and has worked hard all his life.

Ms Justice Creedon remanded both accused in continuing custody to January 26th next for finalisation of sentence.

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.