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Author: Ronan Judge
~ 4 minutes read
BY RONAN JUDGE
A WOMAN who was sexually abused as a child while on holiday in Galway has said it is a “stain” on the Irish legal system that victims are asked to hand over counselling notes as part of criminal prosecutions.
The woman was speaking as she delivered her impact statement at the sentencing hearing of her uncle-in-law.
The now 65-year-old man pleaded guilty to indecent assault contrary to Common Law.
The offence took place when the man was 30 and the victim was eight, at a house in county Galway on a date in April 1990.
He was married to the girl’s aunt.
The court was told the defence did not make any request for counselling notes in the case.
The woman told the Galway Circuit Court she was an eight year girl enjoying a holiday in Ireland when her “feeling of safety was turned upside down”.
She recalled trying to understand why a “grown man would want to touch an eight year old girl’s body” and having this “constant, nagging question” about what might have happened if her brother had not come upstairs to use the bathroom.
She said she had feelings of shame and disgust because of something “seedy and gross happening to me”.
The woman said the abuse “distorted” her view of men and “deeply traumatised” her.
She added that due to a “deep distrust of men” she worried someone might “prey” on her children, the court heard.
“It is devastating to recall that my life was turned upside down at such a young and vulnerable age”, she added.
She thanked Sgt Róisín Ní Chatháin and her colleagues in the divisional protective services unit for their work and support.
Towards the end of her statement, the woman said she was “particularly appalled” by the request sometimes made of abuse victims to hand over notes from any counselling sessions they attended.
“It is a stain on the Irish system,” she added
In reply, defence barrister, Bernard Madden SC, said he wanted to tell the court that no such request was made in this case.
Judge Brian O’Callaghan said the issue of counselling notes had been raised in the courts and cases were no longer adjourned due to a failure to hand over counselling. notes.
He said this was due to a “very good Supreme Court decision”.
In evidence, Sergeant Róisín Ní Chatháin told prosecuting counsel, Conall MacCarthy BL, that in April 1990 the injured party was on holiday in Galway and staying with her aunt.
The abuse occurred when the accused was babysitting the girl and her younger brother.
The court heard the man followed the girl upstairs, pushed her onto a bed and rubbed her chest outside the her clothes.
He also touched her belly inside the clothes.
Sgt Ní Chatháin said the man stopped the assault when he heard the girl’s brother coming up the stairs.
The woman gave a detailed statement to Gardaí in June 2023, the court heard.
The court was told the man has a prior conviction for sexual assault of a minor in August 2000 and a separate conviction for drink driving.
Mr Madden said that before the case was finalised he was seeking a report from the Probation Services, adding that his client had an alcohol issue.
Judge O’Callaghan expressed concern from a “child welfare point of view”, given the man’s conviction for an offence subsequent to the matter currently before the court.
However, the judge said he would accede to the application for a probation report and remanded the man on continuing bail to appear again on January 23, 2026.
He told the woman she had come to court an alleged victim and the word alleged no longer applied.
“You’re a survivor”, he added.
Funded by the Courts Reporting Scheme.
For more, read this week’s Connacht Tribune:
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