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Judge asks sex abuse victim to consider meeting her abuser

A judge has asked a victim of sexual assault to consider meeting her abuser under the Restorative...
Newstalk
Newstalk

17.20 4 Jun 2014


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Judge asks sex abuse victim to...

Judge asks sex abuse victim to consider meeting her abuser

Newstalk
Newstalk

17.20 4 Jun 2014


Share this article


A judge has asked a victim of sexual assault to consider meeting her abuser under the Restorative Justice Programme before he passes sentence.

The man was convicted last April of sexually assaulting his brother's step-daughter after coming into her bed late at night. He was acquitted of sexual assaulting the victim (then 7) on two other occasions.

Defence counsel Caroline Biggs SC told Judge Patrick McCartan that her client rejects the jury's guilty verdict but that she has not discussed the matter in depth with him.

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The judge told her to consult with her client on this before "nailing her colours to the mast" and indicated that he would consider using the Restorative Justice Programme.

This programme, which is run by the Probation Service, involves parties meeting in a supervised setting to discuss the effects a crime had on the victim. It usually accompanies a non-custodial sentence.

Judge McCartan adjourned sentencing until July to allow both the victim and her abuser decide if they will are willing to engage in the process.

The judge said he agreed with the defence that the offence was at the lower-end of the scale and said he was suggesting the programme because "this is a close family that is badly fractured by what has occurred".

"If there is a prospect that this can be put right then this might well be an option that is worth exploring" he said.

He told the victim (now 30) that her views will be listened to on the matter and that "she will have a very real input".

The victim has asked that the man be publicly named but this matter was also put back to next month for a final decision.

The man (45) pleaded not guilty at Dublin Circuit Criminal Court to three instances of sexual assault on the child in Dublin on dates between October 2000 and December 2012.

The jury convicted him on one count and found him not guilty of another. The judge directed an acquittal on the third count.

In a victim impact report read to the court today, the woman said that she suffered considerable stress and anxiety as the trial approached.

She said she had nightmares about the abuse and the trial, including dreaming that the judge would shout at her and tell her that she was lying.

Sergeant Liam Donoghue told prosecuting counsel Fiona Murphy BL that the man was sleeping in the room beside the girl on the night of the abuse. During the night he climbed into her bed and began kissing and rubbing her.

He left but returned shortly afterwards and the abuse took place. He was later discovered in the bed by another family member who told him to get out.

Ms. Biggs said that her client married in 2010 and has the support of his wife. She said he has a good work record and may keep his job depending on whether the judge sends him to prison.

Counsel added that the offence seems to have been a one off and is at the lower-end of the scale.


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