Jail for man who harassed his sister

A MAN who pleaded guilty to the harassment of his sister with unwanted sexual behaviour has been sentenced to prison.

The man was also ordered to stay at least 1km away from his sister for 10 years and attend psychotherapy and counselling in prison.

The unwanted communication from the man to his female relative was of a sexual nature the court heard.

Prosecuting barrister for the DPP, Monica Lawlor BL, said that while there was no legislation to prevent the media from publishing the name of the defendant, doing so would lead to identifying his sister.

The barrister also explained the woman bringing the charges wanted to remain anonymous and did not wish to attend court.

The man was originally charged with five offences including two of harassment and two counts of sending messages by telephone which were “of a grossly offensive or of an indecent, obscene or menacing character”.

He was further charged with the possession of articles with the intent to cause injury or incapacitate or intimidate another person.

When he was formally asked to respond to the charges, the man pleaded guilty to the two counts of harassment.

The woman’s statement was read out in court and detailed how she had “never felt comfortable” in her brother’s company, even as children. She recalled an incident when she was about 13 when he walked in on her as she was changing and another time when he touched her as she lay in bed.

In early 2021, she received a text from him that “shocked and disgusted” her and which was followed up by more texts of a sexual and offensive nature over a six to eight week period.

She received an unwanted Christmas present from him in 2022 and when she returned from her holidays in July 2023 and opened her mail, she found a letter from her brother containing two condoms, a blue feather and a €70 voucher for a lingerie store.

“The letter and contents were linked to previous texts,” Ms Lawlor pointed out. “She said she felt sick.”

Early the next morning, after her husband left for work, the woman saw her brother outside her house.

“He was breathless and said ‘Let me in. I love you,’” the woman’s statement said.

“She said she fears her brother,” the state barrister told the judge.

The court heard that, even after she made a complaint to gardaí, the woman received a number of voice messages of a sexual nature from her brother.

“I feel unsafe and am on high alert, I fear my brother, absolutely,” the woman said to gardaí during interview.

When gardaí obtained a warrant to search the man’s house in July 2023, officers found a metal bar, cable ties, duct tape, gloves and a boiler suit in his car.

When he was arrested and interviewed, he made admissions on eight occasions.

When he was asked if he understood his sister was “scared and petrified of you” the man replied: ‘yes’ and when asked if he would leave her alone, he answered: ‘Yes, of course’.

In July 2023, he was remanded in custody for one week before appearing at Cavan District Court where he was released on bail on several conditions including staying away from his sister.

However, when he was out on bail, the man sent his sister a letter of a similar sexual nature, which resulted in his bail being revoked and him going back into custody in June 2024.

His sister’s victim impact statement was read to the court. In it she said she no longer opens her own post nor has voicemail on her phone. She has also installed security measures at her home and his crime has “affected relationships between immediate and extended family”.

The woman described how she suffers with intrusive thoughts, sleepless nights and has sought support and counselling for hyper-vigilance.

She was particularly upset about the possibility that her brother could breach bail and turn up at her home and workplace.

The man’s barrister said his client “expresses his regret and offers his full apology to his sister for his behaviour”.

“He also followed through with an apology, which removes any question she would have to face him in court, which must be of some comfort to the victim,” Mr Heaton said.

The judge was given a forensic psychologist’s report to consider.

The defence pointed to some relevant points raised by the author of the report that said his cognitive functioning is in the low to average range but that doesn’t impinge on his ability for rehabilitation; he struggles to understand the effect his behaviour has on his victim, and he has experienced “sexual frustration and pre-occupation and has a sexual fantasy that has led him to the offences he has pleaded guilty to”.

“Some people can develop sexual attraction to a sibling for no reason,” the psychologist’s report states.

“There is a need for rehabilitation,” Judge John Aylmer said before adjourning sentencing for a week to allow him time to study the report before him.

When the man was brought from prison for his sentencing hearing at Cavan Circuit Court in July 11, Judge Aylmer said: “Your behaviour has had a very serious impact on your victim.

“The court takes the view that the second count of harassment is more serious because you turned up at her house. Your behaviour is very sexually intimidating in nature putting her in extreme fear sexually.

“There has been no violence in your offences, but your unwanted attention would reasonably cause your victim to fear sexual violence.

Acknowledging he is a man with no previous convictions and is remorseful, Judge Alymer said: “Unfortunately, you lack any real victim empathy”.

On the first count of harassment, the judge imposed a two-year prison sentence on the man and two years eight months in prison for the harassment charge when he turned up at his sister’s home. Both prison terms are to run concurrently.

“In order to encourage that rehabilitation” Judge Aylmer suspended the final 12 months of the prison sentence for the more serious harassment charge and the final four months on the other count.

The man was also ordered to enter his own bond of €100, keep the peace and be of good behaviour and go under the supervision of the Probation and Welfare Service and comply with all their directions including attending psychotherapy “in order to develop victim empathy, learn healthy coping skills and explore your behaviour and engage in anger management programmes and programmes for occupation and employment”.

Prosecution barrister also requested the judge make an order under Section 10:4 of the Non-Fatal Offences Against the Person Act, which would order the man not to approach the victim within 1km of her home or place of work or have any contact with her by any means for a period of 10 years.

“A breach of that order is a criminal offence,” Judge Aylmer told the man, “which will result in you going back to prison.”

Monica Lawlor said the DPP agreed to nolle prosequi the charge relating to possession of intimidating articles and to take into consideration the offences of sending text messages.

Judge Aylmer also made it a condition that the man does not approach his sister within 1km during the 12-month period of his suspended sentence.

The man was taken back into custody at the Midlands Prison to serve out the remaining one year eight months of his sentence after credit was given for time he has already spent in custody.