Man Jailed For Sexually Assaulting His Brother

Man jailed for sexually assaulting his brother

A Waterford man from a "dysfunctional family" has been jailed for three years by Mr Justice Paul Carney at the Central Criminal Court for sexually assaulting his sleeping brother.

The 34-year-old man, who cannot be named for legal reasons, pleaded guilty to two counts of sexual assault and an attempted anal rape of his brother on September 5, 2007.

His brother outlined in his victim impact statement how he had struggled to cope since the assault. He said he had been "to hell and back" and suffers from flashbacks.

Mr Justice Carney imposed three-year concurrent sentences and registered the man as a sex offender.

Garda David Hearne told Mr Paul O'Higgins SC, prosecuting, that when he responded to a call he found the victim in a distressed state in a downstairs apartment and the accused crying in his own apartment upstairs.

Gda Hearne said the accused told him he had gotten into bed with his younger brother and had performed sexual assaults on him and attempted to have anal sex with him.

He said when his brother woke up he pushed him away and the accused got out of the bed. He said he attempted to get back in and kiss him but was pushed away again.

Gda Hearne said the accused had a previous conviction for sexual assault of another member of his family and that other family members had also been convicted of sexual offences.

Gda Hearne agreed with defence counsel, Mr Michael Delaney SC, that this was a relatively brief opportunistic offence and both men had considerable alcohol taken. He agreed that the accused had shown immediate remorse.

He agreed that the family was dysfunctional and the accused was of low intelligence.

Mr Delaney said the accused had shown genuine and immediate remorse. He submitted there was no premeditation or violence involved and asked the court to be as lenient as possible.

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lol,  na wa ooo, are we safe?