RCNI Press Release - 5 March 2010

RCNI disappointed at sentence in Roscommon incest abuse case

Caroline Counihan, RCNI Legal Director said, ‘this is a strong sentence but it could have been stronger. Mr Justice Barry White stated that he thought that a life sentence “would not have been inappropriate” but did not hand one down. The RCNI are disappointed that a life sentence was not chosen, considerably weakening the State’s ability to monitor and limit this man’s risk to society for the rest of his life. This sentence again reveals the Irish judiciary’s reluctance to give a life sentence, a problem highlighted in the research Rape & Justice in Ireland (2009).

‘A life sentence would have been appropriate given the scale of the sexual abuse, the lack of any remorse and the insistent denial by the father of all criminal behaviour. This rapist sought to do further damage to his victim in court, by insisting that his victim was a liar.

‘This case also highlights the urgent need for custodial release to be linked to reliable risk assessment, and a demonstration of reduction of risk of reoffending by the perpetrator.’

Fiona Neary, RCNI Director said ‘this case exposed the complexity and devastation of incest and familial abuse. It has brought into relief the bind that children living in these appalling circumstances face in seeking help. These children are faced with almost impossible choices.

‘The inadequacies and impotence of social services and child protection responses must be addressed. The RCNI look forward to the publication of the inquiry into the Roscommon incest case (the Gibbons Inquiry) within the next month to add to our learning.

‘It is also clear that the protection of witnesses in cases of child victims of sexual abuse from unnecessary and traumatising exposure in the media needs to be addressed. It is the responsibility of the officers of the court and the media to ensure that the correct balance is found between serving the public interest and inflicting damage on survivors and their family through public exposure.’