A man who regularly beat his wife and sexually abused her when she was heavily pregnant has been jailed for 12 years.
The 46-year-old man, who cannot be named to protect the identity of his victim, was found guilty by a jury of one count of rape, three counts of aggravated sexual assault, three counts of assault causing harm and one count of coercive control following a two week Central Criminal Court trial last November.
The abuse took place in locations in Cavan on dates between July 2020 and May 2022.
Sentencing the man, Mr Justice Kerida Naidoo said the man had used “sadistic and humiliating violence” against his wife and that the offences represented a “significant breach of trust” given that they were carried out by her husband in their family home.
He set a global headline sentence of 14 years.
Mr Justice Naidoo noted that the man had not pleaded guilty and has not shown remorse or victim empathy. The court heard that the man does not accept the verdict of the jury.
He suspended the final two years of the sentence on strict conditions having taken into account the man’s lack of previous convictions and the fact that he has not come to garda attention since.
In her victim impact statement which was previously read out in court, the woman said her “dreams transformed into a nightmare” during her marriage to the man and how her fear of him kept her “trapped in this circle of physical and psychological abuse”.
She said she believed he was getting closer to killing her during their time together and the ordeal has left her with anxiety attacks and depression.
She described how fearful she was that Tusla would take her children away after the abuse and she said she was grateful for the support she has received instead.
She said they are in the process of recovery and, while fearful of what will happen when the man gets out of prison, “I know me and my children are going to be okay”.
A local garda sergeant told the court that the man and woman, who are originally from Brazil and have four children together, met online while he was living here and she was in Brazil.
He proposed and they met for the first time just one week before getting married.
The woman had little English and was not able to work in Ireland due to her immigration status.
She became pregnant very quickly, which the court heard was a surprise to her as the man had led her to believe that they would not be able to conceive naturally.
The court heard the marriage was largely happy at first, although the woman had no friends due to her lack of English and opportunities to socialise.
However, the court heard the marriage became increasingly violent, with the man slapping, pushing, shoving her and hitting her with phone charger cables.
He was drinking to excess and had a propensity to smash furniture.
In the first aggravated sexual assault, the man tied the woman up and cut her clitoris with a knife.
She thought he was killing her and was very afraid, the court heard.
During the Covid lockdowns of 2020, the man was out of work and the violence increased along with his drinking. He prevented her from having contact with her family in Brazil and they were not allowed come and stay, the court heard.
When she was heavily pregnant with their third child, he punched her to the face, leaving her with a black eye.
He cut her vagina with a knife again and she was very afraid of what might happen to the baby, but she stayed quiet because she was afraid he would do something worse, the court heard.
On another occasion, he struck her repeatedly with a phone charger as a “punishment” and raped her afterwards. She had only recently given birth.
In the final incident of abuse, in May 2022, the man had been drinking since the morning when he took the woman upstairs to their bedroom. All four children were home at the time.
He tied her up, produced a bar and hit her over the head with it before sexually assaulting her and grabbing her around the neck.
She was screaming and begging him to let her go and she eventually escaped to a neighbour’s house where gardaí were called.
The woman was taken to hospital where evidence of the assault and previous aggravated sexual assaults were documented.
When questioned by gardaí, the man denied the allegations and claimed the woman had carried out her own vaginal piercings.
The garda agreed with John Fitzgerald SC, defending, that the man has no other convictions and had not come to any further garda attention.
Mr Fitzgerald said his client did not accept the verdict of the jury.
Counsel said his client had come to Ireland as a 23-year-old and has worked in various jobs. He said the offences had arisen in the context of an extremely dysfunctional and abusive relationship.
He said in all regards, save the offences, the accused had led a functional pro-social life.
Mr Fitzgerald said his client’s social contacts have fallen away since these events and the lack of visits and isolation would impact on how onerous the sentence would be.
