A 77 year old Tralee man has received sentences totalling 9 years after being found guilty on 16 counts of sexual abuse on a protected person.
Patrick Joe Sweeney, of 173 Shanakill, Tralee was convicted of the offences at a sitting of Tralee Circuit Criminal Court in February but was sentenced today.
The offences took place between October 2016 and July 2018.
Judge Catherine Staines praised the courage of the victim, who has a mental disability, and who she described as a very brave young lady.
The Court had heard evidence from Detective Garda John Gilmartin that the offences had come to light when the brother in law of the victim saw sexually explicit text messages Mr Sweeney had sent the victim – in which he also reminded her to delete the messages.
Detective Garda Gilmartin said that while the female victim was in her 20s at the time she had a cognitive age of 8 or 9 and had no ability to consent, or no awareness of how women get pregnant.
The victims father gave a Victim Impact Statement on her behalf and on behalf of the family.
He described her as bubbly and friendly, but very much a little girl.
He said the nature of the crimes is rooted in manipulation and deceit.
He said that she now stays up until 2 or 3am until she is physically exhausted enough that she passes out asleep. She insists the sitting room curtains be drawn closed because she is afraid someone will pass and see her.
He said that she suffered in silence for years, that although she knew something wrong was being done to her she had no capacity to explain or tell anyone because she didn’t even have the words to describe it. He said that she had been coached to keep secrets and lived in fear of the man.
The crime had devastated the whole family and had the abuse not been discovered by chance it could have continued indefinitely.
He pointed out that his daughter had to relive the experience in depth in order for justice to be served, while people told her she had made it all up.
In sentencing Judge Catherine Staines noted that Mr Sweeney has refused to admit the offences over a prolonged period of time and has shown absolutely no remorse.
She said the only mitigating factors she could consider were his age and medical health, and the fact that he has no previous convictions.
She passed sentences varying from 6 to 9 years on the 16 counts on which Mr Sweeney had been convicted but ordered that they run concurrently.
Judge Staines said she would suspend the final year of the resulting 9 year prison term by a year on the condition Mr Sweeney engage with rehabilitation and probation services.
She ordered that he have no contact with the victim and be automatically place on the sex offenders register.
Judge Staines then addressed the victim and told her that she was a very brave young lady, who had given her evidence with great dignity and who was very fortunate to have a loving family