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Midlands man sexually assaulted and tried to rape his sister

Central Criminal Court
Central Criminal Court

A midlands man who sexually assaulted and tried to rape his sister will be sentenced next month.

The 28-year-old man, who cannot be named in order to protect the identity of his victim, admitted carrying out the offences at his home on the night of June 16 last year.

He pleaded guilty at the Central Criminal Court to aggravated sexual assault, attempted rape, threatening to kill and false imprisonment of his sister, who is now aged 26.

Counsel for the defence said the man's sister was the one member of his large family who “cared for him in the most Christian way and offered him an olive branch” despite his long-term drink and drug addictions.

Mr Justice Patrick McCarthy adjourned the matter until May for sentencing then. The accused is serving the suspended portion for another offence which was reactivated when he pleaded guilty to these offences.

On the night of the offence, the woman had come to her elder brother's home to get rid of whatever alcohol was in the house and help him clean up his own mess.

In a victim impact statement read out in court on her behalf, the woman said her brother had ruined her life and that she would never get over it and could not forgive him.

She said she became depressed after the attack, stopped eating, took an overdose and wanted to die. The woman said she has lost contact with her children and she hates the person she has become.

“All I want to ask is why, why did you do it to me? You can come out of prison and start afresh. I have to live with this for the rest of my life. You took away everything and I hate you for that,” she wrote.

Garda Raymond Lynch told Garret Baker BL, prosecuting, that the woman went to her brother's house at his request shortly before 11:30pm on the night. She noticed a lot of cuts on his arms and asked him to turn down the loud music.

When she asked him to help tidy up the house, he lunged at her and threw her on the couch, threatening to stab her to death if she didn't do what he wanted.

The woman refused and started crying and pleading with him, reminding him that she was his sister and that their brother and mother lived nearby.

He held a piece of a broken plate to her neck and said he would cut out her vaginal area and “let her bleed to death” if she didn't let him do what he wanted

He sexually assaulted her by forcing his fingers into her back passage and vagina and also biting her vagina.

The woman dialled 999 and the local garda station and screamed her whereabouts down the phone. When gardaí arrived they found her in an extremely distressed state and arrested her brother.

“I was severely fucked up in the head from days of drink and heroin taking,” he told gardai, adding that he had drunk up to 13 cans of beer and a bottle of red wine on the day, as well as smoking a bag of heroin.

The man has 21 previous convictions including robbery and possession of articles.

Ken Fogarty SC, defending, said the man remains “haunted” by the shame and remorse he feels at having inflicted these terrible offences on his sister.

“This act of violence was the worst breach of trust, and to do it to the person who was offering him the charity and milk of kindness and understanding was....terrible. He realises what he has done and can never leave it behind him,” said Mr Fogarty.

The man has a handwritten letter of apology which he wants conveyed to his sister. The court heard that the man became addicted to drink and drugs at age 13 and began criminally offending in his teens.

A probation report put him at low moderate risk of reoffending. A psychologist's report said the man had “significant maladjustment” in his childhood and that his intelligence falls behind 95 per cent of the population.

The court heard he has been offered a course on addiction counselling and relapse prevention while in custody. He has been placed on the sex offenders' register.