Probation for babysitter who assaulted cousins

A man who indecently assaulted his young female cousins 30 years ago was given probation by the Dublin Circuit Criminal Court…

A man who indecently assaulted his young female cousins 30 years ago was given probation by the Dublin Circuit Criminal Court yesterday.

The man (49) who was 15 at the time of the assaults, was babysitting his cousins at a time when he was going through his own sexual development, the court heard.

"Such arrangements would not happen today," said Judge Pat McCartan yesterday.

Detective Garda Bridget Shelly told Karen O'Connor, prosecuting, that the two victims came to the station in December 2003 and made a statement that they had being indecently assaulted by the accused in their aunt's home in Dublin between the dates of July 5th and July 16th, 1974.

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The victims, who were aged six and seven at the time of the assault, told Garda Shelly that their father had died when they were young.

As a result their mother had to return to work and the girls stayed at their aunt's house in Dublin where the accused, their cousin, also lived.

In their statements, the two women said that the accused took them to an upstairs bedroom and indecently assaulted them by watching and touching them in a sexual manner.

In passing sentence Judge Pat McCartan said that the circumstances of this case arose from the unfortunate death of the young girls' father and their mother having to return to work. In these circumstances, the broader family helped out and the children were minded at their aunt's house where the accused lived.

At a time when the accused was going through his own sexual development, he was left in charge of his two young cousins. Judge McCartan said: "such arrangements would not happen today".

Judge McCartan continued that he had taken into account the fact that the accused was going through his own sexual development at the time, the incident took place 30 years ago and that it took place in a short time space.

He also said the accused had pleaded guilty, confessed that he wanted to make things right after all these years and had never offended again.

Judge McCartan also acknowledged the victims' pain and praised them for taking their case to court.

Iseult O'Malley SC, defending, said the accused was a married father and had worked all his life. He had never come to the attention of the Garda.

Ms O'Malley said that the accused had suffered a nervous breakdown and had attempted suicide.