Man (79) jailed for the sexual for abuse of sister 60 years ago

Sonya McLean

A man has been jailed for three years for the sexual abuse of his younger sister in rural Galway over 60 years ago, in what the judge described as “a deliberate exploitation of a much younger sister”.

Sean Monaghan (79) of The Harbour, Marketpoint, Mullingar, Co Westmeath, pleaded guilty at the Central Criminal Court to eight counts of indecent assault of Julie Fogarty in their family home on dates between 1962 and 1963.

Monaghan was 15 to 16 years old at the time, while his sister was between 10 and 11 years old.

Fogarty (now 74 years old) was not in court as she is currently in hospital, but Diarmuid Collins SC, prosecuting, indicated to the court that she wishes to waive her right to anonymity. Her family were in court to represent her.

Sentencing Monaghan on Monday, Justice Kerida Naidoo addressed Ms Fogarty’s family directly to explain that he was restricted in sentencing, as Monaghan had to be sentenced under the laws which existed at the time.

The offences that Monaghan pleaded guilty to carry a maximum penalty of two years, but the court has the discretion to impose consecutive terms.

The court heard at an earlier sentencing hearing that the abuse involved Monaghan touching Fogarty inappropriately and also penetrating her vagina and anus with a bicycle pump. One of their sisters was present during the latter abuse.

Monaghan also forced his sister to touch his penis and put his penis in her vagina, the court heard.

Mr Justice Naidoo said he had to further reduce any term imposed because of the age of Monaghan at the time, which reduced his moral culpability.

He said the age of a defendant is “a significant mitigating factor in law,” taking into account his maturity and experience of human relationships.

However, in this case, he noted that over the time of the abuse, Monaghan had attended a boarding school, which the judge said should have given some insight from his peers into what is expected to be a normal sexual relationship.

He said Monaghan’s abuse of Fogarty was “a deliberate exploitation of a much younger sister”.

Maximum penalty

The Judge said in his view the maximum penalty available was “insufficient”, noting the offending involved “an ongoing course of conduct”.

He said in mitigation that Monaghan had pleaded guilty, but he acknowledged that there was a degree of reluctance in acknowledging his wrongdoing.

He accepted that “society’s view of this type of offending has changed”. He further accepted that Monaghan has no previous convictions, has not come to “adverse attention since” and that Monaghan has worked most of his life.

He imposed a global sentence of three years, having imposed consecutive terms in relation to various counts.

Justice Naidoo said that had the offending occurred today, it would have led to a much longer sentence being imposed.

Addressing Fogarty’s family in court, he said: “Please convey to her that I hope this brings some finality for her.”

The judge said that a victim impact statement before the court “painfully conveyed” the impact of the abuse on Ms Fogarty.

He noted that she said, “It absolutely broke my heart,” and still does. She describes still waking up in the middle of the night in fear.

She described “feeling dirty” and was concerned she would be “disowned” should anyone discover the abuse.

She described feeling responsible for the abuse – “I feel I caused it because I was a young girl – a pretty little girl”.

She said the abuse changed her life forever – that she never felt clean and felt she had “a secret”.

Justice Naidoo acknowledged that often victims of such abuse can be left feeling guilty when the situation is obviously not their fault. “It corrodes their self-worth and makes it all the harder to report,” he said.

He said the offending was very serious and had a significant and persistent impact on Fogarty throughout her life. He described the abuse itself as “painful and degrading”.

The court heard that Ms Fogarty told her husband about the abuse in 1978 and told her mother in 1997.

She wrote to her brother in 1998, and Monaghan admitted his wrongdoing. When a solicitor's letter followed, he denied the allegations and maintained he had been blackmailed into making the earlier admissions.

The woman made a formal complaint to gardaí in 2014, but she did not pursue it further until 2024, when she made a statement to gardaí.

When Monaghan was arrested, he ultimately made admissions but initially said he was blackmailed into making admissions previously.

Vincent Heneghan SC defending said his client made admissions in a letter in reply to his sister and also wrote to his other siblings later, again taking responsibility for the abuse.

Counsel asked the court to accept that his client pleaded guilty at the “earliest opportunity” having “come clean” during garda interviews.

Heneghan said his client has prostate cancer and is awaiting surgery for a cataract.

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 webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help. In the case of an emergency, always dial 999/112.