A Kildare father of three has been jailed for four years for sexually assaulting two young girls over 30 years ago in his family home while their mothers were helping his wheelchair-bound mother.
Damien Dempsey (48), of Portersize, Timolin, Moone, Co Kildare, pleaded guilty to two sample charges of sexually assaulting the two girls, who are second cousins, over several years when he was aged 14-21.
Dempsey, who works with Dawn Foods, addressed a sitting of Naas Circuit Criminal Court to issue an apology to his two victims “for everything”, and said he would carry the guilt for the rest of his life.
Dempsey told his victims: “I don’t know why I did what I did. I should never have done it.”
The court heard the older girl had made a complaint to gardaí about Dempsey because she was unhappy with how Tusla – the Child and Family Agency – had dealt with the case.
Detective Garda Karen Tuohy gave evidence that the girl’s mother used to call to Dempsey’s farmhouse to do his mother’s hair and would bring her daughter and son with her on such visits.
While they were waiting for their mother, Det Garda Tuohy said Dempsey would try to isolate the girl from her brother.
The witness told counsel for the Director of Public Prosecutions, Daniel Boland BL, that on one occasion the girl and Dempsey were lying on a bed when he pulled a blanket up over them and put his hand between her legs.
Det Garda Tuohy said the victim described how she had frozen when the accused used his fingers to penetrate her and was later too afraid to tell her mother about what had happened.
She said the young girl loved to go around in her Holy Communion dress but could never wear a skirt again after what Dempsey had done.
The court heard other similar incidents took place in an orchard and the kitchen of Dempsey’s home.
Memory
On one occasion, Dempsey had placed the girl’s hand between his legs on his erect penis through his clothes, even though her mother was only a few metres away.
The witness said the girl could also recall him kissing her all over and had a memory of his nasal hair.
Det Garda Tuohy said that when the girl was aged around 12, she decided she would never go back again to Dempsey’s house even though that caused problems with her mother.
The court heard the offences took place on dates between May 1989 and May 1993.
Det Garda Tuohy said it was estimated that Dempsey had sexually assaulted his second victim over 50 times between January 1991 and January 1996 with incidents even taking place in her home.
The witness said the accused had always tried to get the younger girl on her own, while her mother was caring for his mother.
Det Garda Tuohy said the first assault had occurred when Dempsey had cornered her in a garage and touched her genital area outside her clothes.
The court heard the victim told gardaí that the accused had laughed every time he had touched her “like trying to make it a joke”.
She said Dempsey would have a gleam in his eye when he saw her wearing a dress as that meant he would have “easier access”.
Det Garda Tuohy said the victim had told gardaí that she was in utter shock about the sexual assaults which she felt lasted “like a lifetime”.
I know what I did was completely wrong
When arrested, Det Garda Tuohy said Dempsey had cooperated and not denied what had taken place.
The court heard that Dempsey confessed that he had thought about what he had done “every day of my life.”
“I know what I did was completely wrong,” he told gardaí.
Det Garda Tuohy said he could not remember how many times he had touched the older girl on her vagina, but admitted it could have been “four or five times or could be more”.
She claimed he did not know how often he had sexually assaulted his younger victim but did not think it was 50 times.
Counsel for Dempsey, John Peart SC, said the defendant was an only child whose father had died when he was 12 and whose mother suffered from multiple sclerosis.
Mr Peart said the absence of a father figure had deprived Dempsey of being educated on “how to behave with young ladies.”
The barrister said the accused had engaged on “an experimentation spree that got worse and worse”.
He told Judge Martin Nolan that it was his client who had notified gardaí that he had also assaulted the younger victim.
Cross-examined by Mr Peart, Det Garda Tuohy agreed Dempsey was remorseful for his crimes, adding: “He got upset in front of me.”
Pleading for a non-custodial sentence, Mr Peart said the accused had no previous convictions and had a track record as a hard-working family man.
Sentencing Dempsey to four years in prison, Judge Nolan said he had committed sexual and indecent assaults on children whose mothers were helping his mother.
“He was very persistent and determined to molest these children,” the judge added.
He noted the offending had a serious and traumatic effect on the two victims who had provided “impressive” impact statements, which were not read aloud.
While Judge Nolan also acknowledged that Dempsey was assessed as being at a low risk of re-offending, he said a custodial sentence was warranted particularly as the accused was “more culpable” for the offences committed when he was older.
“If they all stopped when he was 15 or 16, it would be a different matter,” the judge said.
Outside the court, the two victims said they were “fairly satisfied” with the sentence imposed on Dempsey but declined to comment further.
If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and web chat options at drcc.ie/services/helpline/, or visit Rape Crisis Help.
Written by Seán McCárthaigh
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