HIGH COURT AWARDS €2.8M TO DONEGAL ABUSE VICTIM MARCELLA

November 15, 2012

A Co Donegal woman who was raped and sexually abused as a child by her godfather has been awarded €2.8m in damages in her civil action at the High Court.

Marcella Breslin from Killybegs had sued Patrick Gillespie from Carrickmagrath, Ballybofey, for sexually abusing her when she was aged between 12 and 16 years.

A jury at the High Court awarded the mother of three €2.8m to include aggravated and exemplary damages.

Patrick Gillespie was jailed for seven years in 2008 after being convicted of rape and sexual assault.

Gillespie was in 2008 jailed for ten years with three years suspended after being convicted of rape and sexual assault of Ms Breslin when she was aged between 12 and 16.

Ms Breslin said that between 1993-1997, he deliberately and knowingly perpetrated acts of sexual assault and sexual abuse on her in his home and also once in her grandmother’s house at Athayvooge, Killybegs and in forest areas in the county.

The instances of abuse began as touching in an intimate manner and graduated to full sexual intercourse and while Ms Breslin did what she could to prevent rape, Gillespie overpowered her physically and psychologically and it continued for upwards of four years.

As a result, ,it is claimed Ms Breslin suffered personal injuries, loss and damage.

Ms Breslin’s Counsel Sasha Gayer had told the court that Gillespie was Ms Brelsin’s godfather and uncle law and in a position of trust and she would stay in Gillespie’s house and was close to his wife, her aunt.

The assaults began when Ms Breslin was twelve years of age. Gillespie also brought her a local forest area where he would rape her.

“It had a profound and lasting effect on her. She tried to take her own life when she was 16 years of age,” counsel said.

The criminal case, Counsel said, caused a rift in the extended family. Gillespie’s sentence was upheld by the Court of Criminal Appeal.

In evidence Ms Breslin said on Friday nights when her friends were thinking about what to wear going out she would go home because Gillespie called between 6.30 to 7pm and would take her to a forest and rape her, before dropping her home again.

“I would meet my friend after and she would be trying to decide what to wear. I was thinking I wish that was all of my problems,” she said.

“I was absolutely frightened to death to be followed to America,” she said.

 


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