Man given suspended sentence for sexually assaulting cousin he was babysitting

Seán McCárthaigh

A Wicklow man who sexually assaulted his young female cousin while babysitting her at a house in Greystones around 40 years ago has been given a six-month fully suspended prison sentence.

The 54-year-old father of two pleaded guilty at a sitting of Wicklow Circuit Criminal Court to two counts of indecent assault on the girl on dates between June 1st, 1985 and December 31st, 1986.

The court heard that the victim was aged 7-8 years at the time of the offences while the defendant was aged 13-15 years.

Detective Garda Stephanie Hallihan gave evidence that the defendant blocked his cousin from leaving her room at the time of the first offence while another male friend stayed with her young brother as they were being babysat.

Det Garda Hallihan said the victim recalled how the accused was “really smelly” and she just wanted to get away from him.

However, he pulled down his jeans and underpants and placed his penis into her mouth for what seemed to last for several minutes.

On the second occasion, the woman said the accused had put toothpaste on his penis to encourage her to suck it.

Det Garda Hallihan said the woman was terrified of her cousin and felt bullied by him.

She told prosecution counsel, James Kelly BL, that the complainant first reported the matter to gardaí in March 2021.

When arrested the accused admitted he had been babysitting his cousin but denied any offending.

However, he pleaded guilty in February 2025 to the two charges when the case was listed for trial.

Cross-examined by defence counsel, Justin McQuade BL, Det Garda Hallihan agreed that the accused had led an exemplary life for the past 40 years since his offending behaviour and had no previous convictions.

Mr McQuade said the defendant had expressed remorse and regret as well as demonstrating insight into his actions, while he was considered as being at a low risk of reoffending.

In a victim impact statement, the woman said she had been an extrovert young girl who had dreamt of becoming an actor or pop star until her childhood had been stolen by her cousin.

However, she became shy and withdrawn after what happened and now no longer trusts anyone.

“I’m not the person I’m supposed to be,” she added.

She claimed there was no grooming by the defendant as he “just used brute force” to take advantage of her.

The woman revealed how she had been abused by another male at a different time but the abuse by her cousin was “a hundred times worse.”

“Families don’t do that kind of thing to each other,” she remarked.

The woman said she was “absolutely terrified” of her cousin as a child.

While she wanted to be a mother, the woman said it was hard when she did not enjoy sex or even being touched.

She believed she would need another 10 years of therapy before she would feel comfortable in her skin as she had lost what little confidence she had, while her self-esteem was “in tatters.”

The woman claimed she had also been retraumatised by the five years spent “waiting for the truth” but now felt vindicated.

She concluded: “My mum always told me there’s no such thing as monsters but there are – they’re just disguised as people.”

Judge Terence O’Sullivan said the law required him to sentence the accused in line with the age he was at the time rather than at his current age.

The judge observed that the defendant was “himself a child” at the time of the offences which involved “experimental-type behaviour by a young teenager.”

“He is not in any shape or form a sexual predator,” the judge remarked.

Judge O’Sullivan said such cases were “notoriously difficult” as they effectively involved the sentencing of children.

The judge said aggravating factors were the breach of trust by the accused by committing the offences while looking after his younger relative and an element of duress in the  commission of the offences.

However, he said there were also significant mitigating factors including his age, his insight into his offending and the fact that he was “not on the Garda radar for anything.”

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