Man gets 21 years for raping 85-year-old

[Addadude]

Man gets 21 years for raping 85-year-old

THE rapist at the centre of the "C Case" abortion controversy has been jailed for 21 years for raping an 85-year-old woman.

Simon McGinley (35), of Latlorcan Court, Monaghan, was found guilty in May by a Central Criminal Court jury of raping the elderly woman on June 16, 2008. He had denied the charges.

McGinley had previously been jailed for 12 years with four years suspended in 1998 after pleading guilty to raping the then 13-year-old girl at the centre of the "C Case" on August 27, 1997.

Yesterday, Miss C, now aged 25, attended McGinley's sentence hearing as the daughter of the elderly woman outlined the horrendous impact of the rape on her mother.

The daughter, who cannot be named to protect the elderly woman's identity, said her mother valued her independence before the rape but was now unable to function on her own.

"The most heartbreaking thing is the loss of joy from our mother's life," she told Mr Justice George Bermingham.

Unfit

The elderly woman had been deemed unfit to give evidence during the trial due to her worsening dementia, but a statement she gave outlining her ordeal at a District Court hearing in October 2008 was read to the jury.

Judge Birmingham certified McGinley for registration as a sex offender and imposed a 21- year sentence to date from the time he went into custody in June 2008.

He also ordered 12 years of post-release supervision.

He said the crime was "about as bad as it gets" and at the upper end of the spectrum.

The one place that an elderly lady should be able to feel safe and family members should feel she was safe was in her home, he said.

Senior Counsel Patrick MacEntee, who defended McGinley, said McGinley wished to serve his sentence in Arbour Hill Prison as he was "deeply worried" about his safety behind bars.

Inspector Gerard Curley told the court that the woman answered a knock to her door in the early hours of the morning and McGinley, whom she said she had never seen before, pushed his way into the house.

She did not resist him because she was afraid. He told her to strip in the bed- room while he took off his clothes.

He raped her repeatedly during the night and put his hand over her mouth at one point when she cried out.

The woman said he was "rough and hurt her".

She was later treated in hospital for injuries including scrapes to her face and back and bruising to her arms, legs and inner thighs.

She also sustained some genital injuries.

Fingerprints

Insp Curley said McGinley's fingerprints were found on the inside of a bedroom door. Semen found on an electric blanket on the bed where rape took place and on a genital swab taken from the woman matched his DNA profile.

McGinley was arrested and denied the charges throughout the investigation.

Mr MacEntee submitted that, although this was a "dreadful offence", it was not the worst possible offence in that there had been no weapon used, no break-in and no gratuitous violence other than that involved in the rape.

He said it was significant that McGinley had been" extraordinarily drunk" prior to both his rape offences.

Mr MacEntee added that it was in the public interest that while he should be punished he should also receive appropriate treatment.

Yeah - cut his fuckin' balls off with a blunt, rusty chain saw... slowly.

[Morrolan]

sounds about right, Addadude.

[Sardonicus]

For stupidity or for the crime?

[FurBaby]

do they not boil people in hot oil anymore, then? pity.

[Fat Bob]

Repeat offender? Why is this guy still alive? OK, why will this guy still be alive in 21 years time?

[daffodil]

Rehabilitation attempt clearly failed in this case, makes me wonder what is the (legal) solution to ensure he doesn't do it after his next release.

[Addadude]

Unfortunately being sentenced to 21 years imprisonment doesn't mean he'll serve 21 years. He had previously been sentenced to "12 years" after all. I personally think the best solution is to leave his cell door open one night...

[cromasaig]

Emotionally, it's really hard to sustain an opposition to the death penalty in cases like this, but I don't believe in capital punishment. However, I do find myself wondering if chemical castration isn't a sensible measure for repeated or violent sex offenders. I don't know anything about the success rates though.

[Morrolan]

Emotionally, it's really hard to sustain an opposition to the death penalty in cases like this, but I don't believe in capital punishment. However, I do find myself wondering if chemical castration isn't a sensible measure for repeated or violent sex offenders. I don't know anything about the success rates though.

i have heard anecdotal reports of castrated sex offenders instead moving to maiming and killing. rape has nothing to do with sex, remember?

[cromasaig]

Emotionally, it's really hard to sustain an opposition to the death penalty in cases like this, but I don't believe in capital punishment. However, I do find myself wondering if chemical castration isn't a sensible measure for repeated or violent sex offenders. I don't know anything about the success rates though.

i have heard anecdotal reports of castrated sex offenders instead moving to maiming and killing. rape has nothing to do with sex, remember?

I will do some digging for proper studies. You're right of course that rape is rarely to do with sex, but if the sexual impulse is chemically suppressed, I'd have thought it would make rape A) less likely and B) more, erm, difficult physically.

[Lili Von Shtupp]

Then again, you don't need a penis to rape someone. I would also expect the violence to be expressed in alternative ways.

[Burbage]

Emotionally, it's really hard to sustain an opposition to the death penalty in cases like this, but I don't believe in capital punishment. However, I do find myself wondering if chemical castration isn't a sensible measure for repeated or violent sex offenders. I don't know anything about the success rates though.

i have heard anecdotal reports of castrated sex offenders instead moving to maiming and killing. rape has nothing to do with sex, remember?

There's only one way to find out for sure. Anecdotal reports do not a scientific study make.

A vast amount of behaviour is involved with circulating sex hormones. A lot of that behaviour isn't about sex as such, it's about competition and aggression. I wouldn't bother with chemical castration though. The complete gooliectomy would be the way to go.

[Lili Von Shtupp]

Gooliectomy

[FurBaby]

detesticulation?

[Kooky]

As his victims were the very young and very old, as opposed to somebody who might be able to fight back, my guess is he doesn't have any to start with.