Judge Hits Out At Laois Family For "Outrageous" Attempts To Silence Women Raped By Brother

Family members claimed they should “get over it” as the abuse happened 30 years ago.

A judge has criticised the family of two sisters sexually abused by their older brother who tried to prevent the women from coming forward about the abuse in order to protect the family name.

Jailing Christopher Rafter (48) for four and a half years yesterday, Mr Justice Paul McDermott said it was “outrageous” that family members criticised the sisters and ostracised them for their courage in disclosing the abuse, which he said destroyed their childhood.

“They were little children in their own home,” the judge said, adding that their brother bears the guilt and the responsibility for his abusive behaviour. “It should not even have to be stated,” the judge said.

In their victim impact statements read out in court, Dolores Prendergast and Linda Rafter said they hoped their actions in coming out about the abuse would help others “carrying a similar cross”.

Rafter, of The Hermitage, Portlaoise, Co Laois pleaded guilty at the Central Criminal Court to rape and sexual assault of two of his sisters at the family home on dates between 1989 and 1993. He has no previous convictions.

Ms Rafter and Ms Prendergast were both younger sisters of Rafter, and were aged between 6 and 10 years and 9 and 11 years old at the time of the abuse. Rafter was aged 14 at the start of his offending and about 19 when it ended.

Both women waived their anonymity in order for their brother to be named.

Both women outlined in their statements how, after they made their disclosures, family relationships had broken down and their names were “blackened and smeared” by family members who claimed they were “out for money” and should “get over it” as it was 30 years ago.

The women described how they were not allowed attend their father’s funeral and had to watch via the parish web cam. They watched as their brother was being “minded and fussed over.”

One of the women said her brother had taken no responsibility for his actions and had been the core cause of the family breakdown. She said he had taken every avenue to avoid justice and pleaded at the eleventh hour like “a rat caught in a trap.”

Passing sentence yesterday, Mr Justice Paul McDermott paid tribute to the women for their courage in coming forward, saying they deserve nothing but praise from their community.

 “It is a difficult thing to do and a difficult path to take,” the judge said. “The personal price is a high one. It must not be hidden. People must have confidence to come forward and know when they do that they will be listened to.”

Mr Justice McDermott said the women were subjected to further abuse by family members' “desperate attempts to prevent reporting of their abuse for the sake of the family name”.

The judge said Rafter engaged in a serious breach of trust when he abused his sisters, abusing one sister before moving on to the younger girl. “He inflicted awful damage on their growth and development as children,” he said. “That effect is long-lasting and continuous.”

The judge noted that the man was a child during much of the period of abuse and that he must sentence him accordingly. He handed down a sentence of six years and suspended the final 18 months on a number of conditions.

Ms Prendergast outlined in her victim impact statement that she no longer wanted to call the accused man her brother and referred to him as “X.”

She described herself as a “survivor” with no happy memories of her childhood. She said she would dread going home: “Inside those four walls I had no protection.”

She told of the devastation, heartache and disbelief after she disclosed to her mother what was happening and “she rejected my truth”. She realised her eight-year-old self had to protect herself.

“I was utterly alone in the face of the abuse,” she said and went on to detail how the lack of protection had impacted her in terms of self-love, confidence and her ability to trust, carrying these effects into adult life.

She said she had been shocked to the core to discover she was not the only victim and that she felt so guilty.

She said her mother had again rejected her truth when she made the disclosures for a second time in 2018 as an adult. She said her mother had tried to manipulate them with the shame of public knowledge for the family and her character was assassinated with “vicious lies.”

She said the exclusion of herself and her sister from the normal grieving process for deceased family members had a huge effect, adding another level of trauma.

She said she hoped her statement would encourage others to come forward, highlighting that no one should have to conceal sexual abuse.

Ms Rafter told the court that they deserved this justice. She said her brother began abusing her when she was just six years old and even her first holy communion was tarnished with the memory of rape. “I would love to save six-year-old me from his clutches,” she said.

She said sexual abuse was a life sentence for her and she sometimes felt God would have been kinder to take her at six years old, but hopes maybe her disclosure of abuse will help others.

She said she cannot comprehend her mother's reaction and feels she failed in her duty of care, considering herself the victim. She said her name was blackened and smeared to family members.

She said her family had stood by, knowing the truth, thinking only about their own needs and how it affected them in society. She said her parents were cold and dismissive, only feeling sorry for her brother.

She said her brother took no responsibility for his actions and was content to sit back and watch the family fall apart.

She said that sexual abuse should not be tolerated or accepted and that she hoped her story would make a difference to someone carrying a similar cross.

The prosecuting garda told Fiona Murphy SC, prosecuting, that the abuse took place in the family home on some occasions when the children’s parents were out walking in the evenings.

The first victim described being woken at night by her brother fondling her. She said it happened on a regular basis and she would pretend to be asleep. The abuse later escalated to rape

The second woman also described being sexual assaulted by her brother and believed she was aged about nine when he first raped her.

One of the women described how as an adult she had spoken to her sister on the phone about her brother and discovered she had also been abused.

The court heard there was a confrontation of the accused by family members without either of the sisters present. He admitted his actions, said he was sorry and regretted what he had done. The women made a complaint to Gardaí in 2018.

Defence counsel said the accused was someone referred to in reports as having a mental health history, being a solitary figure and having vulnerabilities.

The garda agreed during cross examination that there had been an interaction with other family members and the two women had been asked not to go ahead with the complaint. The garda confirmed the accused had not been the instigator of that request.

Defence counsel said the accused man’s life had been quiet, unexceptional and almost totally solitary. They said reports indicated a possibility of a mild cognitive disorder.

Defence counsel said the man struggled to demonstrate insight and the lack of expression of remorse indicated his own limited capacity rather than a failure to feel remorse. He is at low risk of reoffending.

He asked the court to take into account the man's limited mental capacity, guilty plea and that most of the offending occurred when he was a child at law.

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