A Cork man who repeatedly raped his teenage sister has been jailed

The abuse took place at the man’s home and business premises between 1999 and 2000, when she was between 15 and 16 years old and was staying with her sister and brother-in-law.

Pamela Mitchell, 41, waived her legal right to anonymity so McDonagh could be named.

The abuse first took place when she was lying on the sofa at her sister’s house and McDonagh, then in her 30s, walked in and kissed her on the lips before digitally penetrating her. The girl tried to run away but the man was too strong, Sean Guerin SC told the court.

The first rape incident occurred about a month later when McDonagh took her for her 16th birthday. However, instead of taking her to her intended destination, he took her to a B&B and raped her.

The court heard that during this and subsequent rapes she froze and that she was afraid of McDonagh because she had often seen him lose his temper with other people.

McDonagh continues to maintain his innocence and remains married to his wife, his victim’s sister. She was in court to support him.

Victim Impact Statement

In a victim impact statement read to the court, Ms Mitchell said before the abuse started she was an academic student who enjoyed studying and was planning her dream career.

She said that after her brother-in-law started abusing her, “everything changed.”

“I went through the motions of a normal teenager and pretended to my parents and friends that everything was fine. But nothing could be further from the truth.”

Ms Mitchell said her brother-in-law – someone she trusted – destroyed everything. She said she was ashamed that she didn’t fight back. “I didn’t scream for help. I just froze,” she said.

She said she was in a long-term relationship but would feel numb and used when they were intimate. She said she was “plagued” by suicidal thoughts and wrote many suicide notes.

She did not pursue her chosen career and has instead worked in low-skilled jobs – ‘just existing rather than living’.

Ms Mitchell said that before she was introduced to the criminal justice system, she thought it was corrupt, that she wouldn’t be believed and that the system was about ‘who you know’. But she said she was glad she was wrong.

“I’ve discovered that if you need help, there are people who will do just that,” she said.

I am forever grateful to everyone who helped me on this path for justice.

Michael Lynn SC, defending, said his client maintained his innocence. He said he was a “hard-working, diligent man” who worked all his life and had no previous convictions.

He handed over a booklet with references to the court.

Ms Judge Caroline Biggs imposed a main sentence of 10 years, with a quarter of it suspended, and backdated it to June 28 last year because of the time she had spent in custody.

The judge agreed with the Director of Public Prosecutions that the aggravating factors centered on breach of trust and the fact that Mrs Mitchell went to his house alone on holiday. She also noticed the age difference.

In mitigation, she noted that McDonagh had no previous convictions and would no longer be available to care for his elderly mother.

The judge thanked the victim for coming to court and told her: “I hope life is good for you from now on.”