Man Jailed For Two Years For Defilement Of Employer's Teen Daughter

The man was convicted at the Central Criminal Court.

A man has been jailed for two years for the defilement of his employer's 15-year-old daughter. 

The 38-year-old man was convicted at the Central Criminal Court of one count of defilement of the girl at a location in Co Westmeath in October 2017. 

He was acquitted by the jury on charges of allegedly raping the complainant and of one count of allegedly sexually assaulting this complainant's sister. 

The man has a previous conviction for assault and two road traffic offences.

Passing sentence yesterday, Ms Justice Eileen Creedon imposed a two-and-a-half-year sentence, with the final six months suspended.

Ms Justice Creedon noted the “significant age disparity” between the man and the complainant and that he had engaged in a “level of grooming” of the girl. She said the man “held a position of trust”, which he abused and that the offending had a “profound impact” on the complainant's career, education, mental and physical health.

She noted the man does not accept the jury's verdict, has displayed no empathy towards the complainant and has not expressed remorse. The judge said there was “very little by way of mitigation” in this case but noted the man's lack of previous convictions for sexual offending, his co-operation with the investigation and personal circumstances.

Ms Justice Creedon suspended the final six months of the two-and-a-half-year sentence on strict conditions, including that the man place himself under the supervision of The Probation Service for 12 months post-release. She backdated the sentence to when the man entered custody last January.

An investigating garda told Garrett McCormack BL, prosecuting, the man had been working for his employer for a number of years. The employer noticed his 15-year-old daughter and the then 30-year-old man were becoming close.

He asked her if anything was going on and she denied it but her behaviour became erratic and out of character with her personality. Her aunt noticed items of interest on her phone, and it was reported to the gardai.

The court heard evidence of multiple phone calls from the defendant to the girl's phone over a period of time, as well as text exchanges in the early hours of the morning.

The complainant told the court that following a text exchange the man had come into her home through a side window and had sex with her in her bedroom, before leaving the same way.

The man left the employment in 2017 and gardai were contacted in January 2018, the court heard.

The defendant gave evidence during his trial denying the offences in their entirety. It was put to the complainant and her family during the trial that the complaints were revenge for the accused acting as a whistle-blower in relation to practices at the business. They denied this.

In her victim impact statement, the young woman said her childhood had been taken too soon. She said her mental health deteriorated to almost a point beyond return. She said she once had a great life and opportunities but was left feeling so low.

She said it took her far too long to realise this was not her fault and that she was just a child.

She said her enjoyment in her chosen career had been diminished as the man was also involved in this field. She pursued other avenues but this took her away from her family and home.

She told the court she had been under the control of and groomed by a man who was trusted by her and her family. She said the man had been “like family” to them.

She said the impact on her life has been significant and the emotional toll immense.

Six character witnesses took the stand to give references on behalf of the accused man.

His wife told the court that she 100 per cent believed in his innocence and said he was a kind and loving man. She said lots of people were standing by him and anyone who knows him knows his loyalty and love for his friends. She said he was a good man who put himself before others.

A neighbour said throughout many interactions he had found the man to be kind, caring and considerate. He said he was a person of sound character.

Three family friends gave evidence characterising him variously as “a genuine, decent, honourable, kind guy”; someone they “trust completely” and someone they felt comfortable and safe with.

His doctor said he had a high opinion of the man’s character and could not speak highly enough of him. He said a custodial sentence would be hard for him to endure.

Defence counsel, Blaise O’Carroll SC, said the court was dealing with an offence from 2017 which had been a long time coming before the court. He said his client going into custody has had devastating effects on his family and business.

He submitted his client had been acquitted of eight of the nine counts on the indictment before being found guilty of the final count. He said his client's prior conviction for assault arose in the context of alcohol, putting him into a medium risk of re-offending.

Counsel said his client's child has serious medical issues and the full burden of that care is now on his wife.

Mr O’Carroll said his client had learning difficulties in his background but had gone into a field he adored and there were glowing references to his extraordinary ability in his career.