Clare’s Aimee to fight for stronger sentencing of rapists

AN Ennistymon woman, who was sexually abused, raped and traumatised by her father, is seeking a meeting with Justice Minister Helen McEntee to overhaul the sentencing regime for people convicted of domestic violence, rape and serious sexual assault.

Last Friday, Michael O’Donoghue (44) from Ennistymon saw his sentence double from five to ten years, with the last six months suspended for brutally raping and abusing his only daughter following an appeal by the Director of Public Prosecutions.

O’Donoghue, with an address of Colmanstown, Ballinasloe, Co Galway, previously pleaded guilty to 31 counts of sexually assaulting Aimee Foley, one count of raping her and one count of producing child pornography.

In her comprehensive victim impact statement, the 21 year-old described her father as a “monster, paedophile, an animal”.

Aimee is calling on Justice Minister Helen McEntee to conduct a thorough review of sentencing for all types of sexual assault offences and rape.

She believes that any convicted perpetrator should not have their sentence substantially cut by up to one third because they pleaded guilty as this plea is given far too much weight by courts in a so-called mitigating factor.

Calling for radical action, she pleaded with Minister McEntee to look at the compelling national statistics where an estimated 95.7% of victims of a sexual crime don’t report it due to their belief no action will be taken.

She said sentences for individual sexual offence counts should run consecutively not concurrently as was applied in her case.

She wants Minister McEntee to take action to address the following statistics. Up to 21.25% of all Irish adults report sexual assaults as adults. 27% of all Irish children have experienced sexual abuse before the age of 17.

Some 35% of all Irish women and men, have experienced sexual abuse or sexual violence at some point in their lifetime, while 19.5% of all women and men have been subject to an attempted rape at some point in their life.

“I would love to meet Minister McEntee to outline the need to change Irish legislation. I would love if she called me. Right now sentencing is a shambles.

“There isn’t a proper deterrent or punishment for people committing rape and sexual assault. Rape is one of the most heinous crimes. Life in prison in America can be up to 100 years and you can get multiple sentences whereas in Ireland a life sentence is 25 years with eligibility for parole after 12 years. “91% of rape and sexual assault victims in Ireland are women and 9% are men. How many more women and men are out there but haven’t reported it?”

“Women have always been over sexualised in Ireland. I was sexually assaulted before wearing a jumper and tracksuit and I was told it was because of the way I was dancing.”

She is determined to continue campaigning to change the justice system.

“My case is over but I am not going to stop now. I am going to scream and shout until something is done to change things. I have friends waiting for five years to get their cases to court. Then they are told it could be delayed for another two years.”

Her mother, Camille said Minister McEntee should look at the current laws and ask herself if she is happy with the current sentences if the same thing happened to her daughter.

Camille believes her daughter shouldn’t have to be named to ensure her former partner was in this case.

Aimee believes the current sentencing is far too lenient.

“Look at how many appeals have been initiated for sexual offences. Look at the record of cases in the courts and the history of dealing with sexual crimes. Why would you want to report knowing you will be put through years of turmoil for the perpetrator to get a slap on the wrists.

“One in five adults and one in four kids in Ireland have been sexually assaulted. Almost one in every 20 kids are raped. 19.5% of people have been a victim of an attempted rape.”

She said in some instances there isn’t enough evidence for court proceedings leaving survivors of sexual assault totally shattered by the knowledge that nothing will be done.

She said a man convicted of incest can get life imprisonment, a woman can get a maximum of seven years, while a girl under 17 can’t be prosecuted for this sexual offence.

“How is that right in this country? How is it right there is a ten-year maximum sentence for sexual assault and 14 years if the child is under the age of 17?

“Look at the system right now and tell me you don’t think it is flawed? There isn’t enough emphasis put on the victim impact statement in terms of sentencing.

“I only put down a sliver of the psychological warfare that is going on in my head. If I openly spoke about what he did to me, people would shut off because they wouldn’t be able to listen to it. The fact that a man could do that to his own child is heinous. But he did. I know that and he knows that.

“If we can’t talk about how bad rape and sexual assault is in general let alone on a family member, how is this pushed aside for a person to get a few years of a sentence?”

There is no minimum sentence for rape, sexual assault or sexual assault of a minor.

“There is only maximum sentences where we start up top, take time off for mitigating circumstances and work our way down, why?

“If you lay your hands on someone when they don’t want it, you are scarring and branding them.”

Aimee said convicted defendants get one third of each year reduced of every year and up to 25% off for good behaviour.

Her father’s original sentence started at twelve years was reduced to seven and then five, which would mean he only had 27 months to serve if she hadn’t appealed it.

Under the current system, she believes he will only serve about five and a half to six years of the seven and a half year extension to his sentence. He is also eligible for time off if he is deemed to be of good behaviour.

“How is that just? I am here struggling trying to heal knowing he is in a medium security prison in the Midlands separated from other prisoners because he is a paedophile.

“If other convicted criminals prisoners can’t stand to be around paedophiles, how it is fair they can get a slap on the wrists and are placed on a reformative therapy programme to get you integrated back into society.

“He has everything. He has access to free therapy, he can earn money if he wants in a job. He is supported in prison while I have to pay €80 for a counselling session that I can’t even get.
I have to try and find a counsellor that suits me, that I can feel open and ready to talk to. I haven’t found that person, I have tried and have had so many trial and errors. I have spend hundreds on counselling sessions but have nothing to show for it.”

“My father chose to do this to me from the age of 12 to 19. He was well aware of what he was doing.”

Praising the work of the Rape Crisis Centre, Aimee called for the provision of rehabilitation and healing programme for survivors like what is in place for rapists in prison.

“I have called psychotherapists and psychologists but I haven’t been able to get through to them. The Rape Crisis Centre is inundated with calls. More supports needs to be put in place to help survivors,” she said.