Women sexually abused by older relatives describes losing half their family after not being believed

Fiona Ferguson

Two women who were sexually abused by an older relative have described how they have lost half of their family after not being believed when coming forward to report the offending.

David Hamilton (33) of Woodtown West, Athboy, Co Meath, pleaded guilty to rape, oral rape and sexual assault of the older girl and sexual assault of the younger girl in Meath on dates between 2004 and 2008.

One of the girls was also raped by Hamiliton’s older brother, Jonathan, on one occasion after David Hamilton told him to “have a go”.

The women told the court how their lives were “ruined” by David Hamilton’s abuse.

David Hamilton was sentenced to seven and a half years with the final 12 months suspended on Monday

He was told that the suspended portion of the sentence would remain in place for life, in that if he were to commit another sexual offence, he would be jailed for 12 months.

The judge said the sentence would only be reactivated should he commit a further sexual offence.

His brother Jonathan (34) with the same address, pleaded guilty to one count of rape and sexual assault of the older girl on one occasion on a date in 2005.

Neither of the brothers have any previous convictions.

Jonathan Hamilton was sentenced to three years, with the final six months suspended. Again, those six months were suspended for life on the same conditions in that it would only be reactivated should he commit a further sexual offence.

Mr Justice Tony Hunt said at a previous hearing that it was odd that people did not believe the women, especially after the accused men had pleaded guilty and that there was no acceptance in the wider family.

He acknowledged that sometimes people have difficulty accepting horrible things, but said he was not going to speculate.

He told the women that what happened was not their fault, they were young children, and that they had no reason to feel ashamed. He commended the women’s strength.

Sentencing the men on Monday, Mr Justice Hunt said to the two women that no sentence he could impose would undo the shocking harm that has resulted from the offending in the case.

He said he wished them well in the future, and he hoped the “termination of the legal process” will help them. He acknowledged the “extent of the damage” caused to the women, describing it as “life-changing and long-lasting”.

“Both seem to be very strong adults and I am sure they will do their best to make the most of the balance of their young lives,” Mr Justice Hunt said.

He accepted that the brothers had pleaded guilty at a very early stage and said that this was a significant mitigating feature in the case.

“These cases are difficult enough without a complainant having to undergo a trial and be cross-examined. It is only right and correct that there should be an incentive to encourage wrongdoers to come forward,” Justice Hunt said.

He said the sentences imposed on David Hamilton must be consecutive in terms of the abuse suffered by each of the victims. He imposed consecutive sentences totalling seven and a half years.

Mr Justice Hunt suspended the final 12 months of that term “to incentivise rehabilitation”.

He said there were suggestions that Jonathan had been acting under some influence from his brother and he also acknowledged that Jonathan’s offending was for two offences against one of the victims.

Mr Justice Hunt sentenced Jonathan Hamilton to three years with the final six months suspended.

Both men were ordered to have no contact, either direct or indirect, with either woman ever again.

An investigating garda told Carl Hanahoe SC, prosecuting, that prior to the offending starting when David Hamilton was aged 12 years and his first victim was aged 10, there had been a background of inappropriate behaviour by him towards the child while playing.

The garda said the woman recalled a rape occurring around this time after he had called her into a bedroom. She said she was raped on a frequent basis by David Hamilton from them on.

She said on one occasion Jonathan Hamilton was present and after David Hamilton raped her, he told his brother: “Now you need to have a go.”

She said she was also forced to perform oral sex on David Hamilton and raped while on holiday.

Her younger sister was sexually abused by David Hamilton beginning when she was seven years old and he was 14. This offending occurred between 2005 and 2008.

The court heard Jonathan Hamilton was only charged in relation to one incident with one child. He was 14 years old at the time of his offence.

The younger injured party came forward to make a complaint in 2021 and the offending against her elder sister emerged in the course of that statement.

David Hamilton was arrested and told gardaí he could not recall much but accepted the veracity of what the women said occurred. He pleaded guilty at the first opportunity.

Jonathan Hamilton denied raping the girl but accepted there was sexual contact.

In her victim impact statement, the older victim said her very first memory was being abused by David Hamilton. She said he had stolen her innocence from her.

She said the abuse left her feeling worthless, unlovable, ashamed and feeling unclean. She said she has struggled with trust and relationships her whole life. She suffers panic attacks and has PTSD.

She said her younger sister is the only member of her family that remains in her life and is the only one who understands all she has lost as a result of the abuse.

She said the legal process had been difficult and dragged on. She said she did not wish to hear how brave or strong she was, as she felt broken and damaged beyond repair.

She said she was forever changed by the man’s actions and will have to learn to carry the effects of the abuse for the rest of her life.

She said she hoped from today, she will begin to heal and regain the life she should have had.

In her victim impact statement, her younger sister said she had been a happy-go-lucky child prior to the abuse, but had been forever changed by the abuse and left with a lifetime of lasting damage. She said she had felt unclean and ashamed for 20 years and been left with PTSD.

She said she did not think she would ever feel safe again, and hoped when this process was over she might feel clean again, but would never be free. She said she has lost half of her family who do not believe her.

David Hamilton read a letter of apology in court in which he said he was “truly sorry” and was sickened by how he made them feel and the innocence he had shattered. He referenced trauma he suffered as a child and said he had sought therapy.

He said he was sorry beyond words and told the women they were brave to come forward.

The garda agreed with John Hayden SC, defending David Hamilton, that there had been no threats or physical violence. She agreed that he had access to pornographic images at a young age.

Mr Hayden asked the court to take into account his client’s guilty plea, his age at the time of the offending, absence of other convictions and co-operation with gardaí. He said he had a good work record.

Dara Foynes SC, defending Jonathan Hamilton, outlined that he had difficulty recalling the events at the garda interview but told gardaí he had no reason to disbelieve her and was sorry for what happened.

She said her client was suffering quite badly with depression and asked the court to also take into account his age at the time of the offending. She handed a psychological report into court.

She also handed in a letter of apology into court in which he outlined his remorse and wished the woman well for the future.

She said he took full responsibility for the offending, co-operated with gardaí and asked the court to take into account his age at the time, as well as his early guilty plea.

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.