A man who repeatedly sexually assaulted his teenage babysitter 10 years ago has been jailed for six years.
Martin O’Brien (54) of Gurrane, Belclare, Tuam, Co Galway pleaded guilty to four charges of sexual assault on dates between June 1, 2012 and February 2014.
He has a previous conviction for multiple sexual assault offences against a 10-year-old child when he was between 13 and 14 years old. This conviction is under appeal and he had contested the case.
O’Brien got an eight-month suspended sentence and was ordered to pay to the €16,000 to the victim in that case.
Carl Hanahoe SC, prosecuting, told the court that the victim in this case, Áine McHugh, who was aged between 16 and 17 years old at the time, wishes to waive her anonymity.
Ms McHugh read her victim impact statement at a previous hearing in July, during which she described O’Brien “as sub-human, a monster and master manipulator” who violated her in every way possible while she cared for his children.
At that earlier hearing prosecuting counsel, Timothy O’Leary SC, told the court that Ms McHugh would often be left speaking to O’Brien when he and his wife returned from a night out. He would stay up chatting to the teenager and give her alcohol.
She later told gardaí she would stay over in the house, sleeping on the couch in the sitting room and O’Brien would sexually assault her there, while his wife and children slept upstairs.
There were also two occasions when he sexually assaulted her in two different local pubs after she happened to see him on a night out.
Sentencing O’Brien today Justice Kerida Naidoo said that Ms McHugh was “a gifted and enthusiastic” traditional musician whom O’Brien recruited to babysit his children.
He noted from her victim impact statement that the assaults greatly affected her and that she had described it as “progressively killing me from the inside out”. He noted that she couldn’t apply herself to her studies and struggled with her Leaving Certificate and that she didn’t attend her Debs.
Justice Naidoo set a headline sentence of nine and a half years having taken into account aggravating features of the case including that the assaults were accompanied by “demeaning and hurtful comments”.
He also noted that the abuse happened in O’Brien’s home and that he had been in a position of trust at the time.
Mr Justice Nadioo acknowledged that O’Brien admitted the offending and made an expression of remorse, both in evidence at a previous hearing and in the form of a letter but the judge said he does not accept that the remorse was “entirely genuine” based on comments O’Brien made to his probation officer.
The judge also acknowledged that there were a number of testimonials before the court, including from a former babysitter for the family, who described O’Brien as kind and considerate.
He also accepted evidence that O’Brien’s wife gave at an earlier hearing in which she said he was a good husband and father and an essential source of support to her as she is dealing with a serious illness.
“He is fortunate that his family and friends are happy to stand by him,” Mr Justice Naidoo said before he accepted that O’Brien would find his time in prison more difficult given his wife’s illness.
The judge also acknowledged evidence that there have been posters around the local area in relation to O’Brien and while he said this cannot go towards mitigation for O’Brien, he said the court does not approve of such actions.
Mr Justice Naidoo imposed a six and half year term. He suspended the final six months of the term on strict conditions including that he engage with the Probation Service for 12 months – “in the hope that it will help him gain insight into the impact on the victim”.
Ms McHugh previously read her victim impact statement into the record at the first hearing in July. She described the man as sub-human, a monster, and a sexual predator with animalistic behaviour.
Ms McHugh said O’Brien groomed her and did everything he could to break her down “piece by piece”. “He has destroyed the life I hoped for,” she said.
She said he repeatedly sexually assaulted her while she cared for his children and tried to protect them. “He is a master manipulator, a bully – he violated me in every sense of the world.”
She described his home as the “house of horrors” and said before she entered his home, her life was normal. She was outgoing and enjoyed playing music and swimming.
She said she grappled with insecurity and was anxious to gain independence, which the offer of babysitting for O’Brien gave her. “I innocently looked forward to earning money, but the life that I knew and loved would never be the same.”
She said O’Brien “put effort into grooming me” and described the sexual assaults on her as “relentless”.
She said O’Brien also made comments about her body and appearance, using derogatory language and teasing her. He told her he discussed her weight with his own wife and how one member of her extended family agreed with him that they were concerned about the girl’s weight.
“His objective was to isolate me and it worked. He knew I would feel ashamed and embarrassed,” she said, adding she never went to discos because of her lack of confidence.
Ms McHugh said she can still smell him, can still feel him smothering her while he lay on top of her as he sexually assaulted her in his family home.
“He clicked his fingers and whistled at me the way you would a dog. He treated me like an animal. I felt like an animal,” she continued.
She began to refuse to babysit for O’Brien, but her mother couldn’t understand why she would not go. As far as her parents were concerned, the man’s home was a safe place.
“I felt trapped and completely powerless. That is where he wanted me,” she said.
She spoke of how she felt she would be better off if he killed her.
She began to pull away from people because she felt unworthy of love, dirty and disgusting.
She said O’Brien found ways to get to her and followed her and antagonised her, referring to the sexual assaults in the pubs. “I was not safe anywhere,” she said.
“The best days of my life were stolen from me. I was battling alcohol and drug addiction. I did everything to try and remove myself from my own body,” she continued adding she went to bed at night “praying I would not wake up”.
She said she distanced herself from her family. “My anger was fuelled by self-hatred and self-loathing all because of what I endured at his hands.”
“I have lived my twenties in isolation. My sense of self and place has been stolen from me,” Ms McHugh continued, before she said that her parents moved house as they had originally lived very close to O'Brien.
She spoke of how she struggled to cope in the years, months and weeks leading up to the trial date. “It has taken so much from me and so much time from me.”
She said on the day O’Brien pleaded guilty, the sense of relief she felt was “immense”.
“I did not win anything but it confirmed that the end was near,” she continued adding that the “mental, physical and emotional torture” she experienced was nearly over.
“I have to live carrying the burden of what he did to me every day,” she said adding that she does not go to certain places for fear of seeing him.
“I cannot escape what he did to me, even when I go to sleep,” she said. “It has destroyed my life. Why didn’t he just kill me?”
“What would I be like if he had not sexually abused me?” she asked. “I will carry the pain and trauma of this abuse forever.”
“He is a sub-human, a monster. I am handing everything over to him. I am returning every piece of shame and guilt back to him. They belong to him,” Ms McHugh said.
She ended her statement thanking her parents, friends and partner and said she is intending to put effort into creating a future for herself.
ADDITIONAL COPY FROM HEARING IN NOVEMBER DURING WHICH BOTH O’BRIEN AND HIS WIFE GAVE EVIDENCE ON HIS BEHALF
At a previous hearing last November, O’Brien’s wife, Leonie O’Brien took the stand and told Colm Smyth SC, defending, that she had written a letter to the court that she would read out.
Ms O’Brien said she would first like to address Ms McHugh and her family and said she was “very saddened” when she learned about the allegations. She said she has “every sympathy” for the family and what they have been through.
Ms O’Brien told Mr Smyth that she is a healthcare professional and while she has “grave concerns” that there may be further negative press following her testimony in court, which could impact her work, she was willing to take the stand and read out the letter she had prepared for the sentence hearing.
“I am writing to respectfully request leniency – while I understand the serious nature of the offence,” Ms O’Brien said adding that she wanted to put into context her husband’s “good character” and family circumstances.
She said she has known O’Brien since she was 11 years old and they have been married for 28 years with three children.
Ms O’Brien described her husband as a “wonderful, loving, caring and selfless father” who is always putting others’ needs before his own. She said he has always been charitable and always been the first one to reach out to people in their hour of need – adding that he is thoughtful and kind.
She said they have suffered greatly as a family - “I will go so far as to say it has been unimaginable - only one who has been through it can understand,” Ms O’Brien said.
Ms O’Brien said she was diagnosed with stage three breast cancer and is undergoing ongoing treatment as there is a high risk of re-occurrence. Her mother was also treated for lung cancer in December 2022 and has significant needs in terms of her care since then.
She explained that both her mother and her aunt rely on O’Brien for care and said O’Brien has lived on her aunt’s farm recently.
She said “hateful signs” or posters have been placed in areas around aunt’s home and said there has been “malicious rumours and lies circulating” around their own neighbourhood and her work place.
Ms O’Brien clarified that this campaign has nothing to do with the victim or the current case but said the “unrelenting and unrelated untruths have become too much for me to bear”.
She accepted that the rumours “go beyond what he has pleaded guilty to and have nothing to do with Ms McHugh or her family.”
“They are untruths about myself too,” she said.
“Finally, I would like to say he (O’Brien) is genuinely remorseful for all the suffering he has brought,” Ms O’Brien said before she added that she trusts the judgement of Mr Justice Naidoo to also reflect on her family’s suffering.
She said O’Brien is a very much-loved father and husband and “always will be the love of my life”.
She also acknowledged that she is “very concerned” about Ms McHugh too – “as a mother I can empathise and understand her suffering too.”
O’Brien also took the stand during that November hearing. He told Mr Smyth he wanted to take the stand to apologise to Ms McHugh and the court “for my actions”.
He agreed that a letter he had written for the sentence hearing said he wished to “express his deepest regret and remorse for the harm that I have caused. I understand my actions were unacceptable and had a major impact on (Ms McHugh’s) life and that of her family”.
“I am fully committed to making amends and righting the wrongs of the past,” the letter continued.
He said he accepts that he had broken a trust that had been placed on him by sexually assaulting Ms McHugh while she was in his home.
O’Brien agreed that he has “taken steps to address (his) behaviour” and has been attending a therapist.
Mr Smyth said a report from a forensic psychologist concluded that O’Brien is at a below average risk of re-offending but recommended that he attend for individual therapy to ensure that he “comes out of prison a better man”.
O’Brien agreed with Mr Smyth that posters have gone up in the area around where his wife’s aunt lives saying “no sex offenders wanted”. He accepted that as he is living in a rural area that this is something he will continue to live with once he is out of prison.
A number of references were handed into court on behalf of O’Brien, including from his mother-in-law and his wife’s aunt, who were in court to make themselves available for cross-examination if needed.
Áine McHugh waived her right to anonymity in the hope her story would inspire other survivors of sexual violence to come forward, and spoke outside court today
Full statement of sexual abuse survivor Áine McHugh
I am Áine McHugh and I have waived my right to anonymity because I no longer carry feelings of guilt or shame. Today, I return all guilt and shame back to where it belongs, to Martin O’Brien, who forced this suffering on me and later my parents and family.
Sexual abuse manifests and festers in silence, I know because I suffered in silence. Secrets and silence enable the perpetrators. To the adults who stay silent and decide to ignore or look the other way: that guilt and shame also belongs to you.
I want to speak to every child or teenager who has suffered or is suffering sexual abuse, if you can hear me, please know that you have done nothing wrong. There is nothing wrong with you. Please tell an adult you trust. To the adults who may receive their disclosure: please listen, help them and do the right thing.
I never thought that I would be free of this, but I have survived, and I feel free today. He no longer controls my life.
I will be forever grateful to those who sought justice before me. Their bravery and the courage of their convictions gave me hope in my darkest days. I would also like to thank the detectives and gardaí in the Galway Divisional Protective Services Unit, as well as the Galway and Dublin Rape Crisis Centres for their dedication, professionalism, and support.
