The boys, who cannot be named in order to protect the identity of their victim, repeatedly had sex with their sister against her will and forced her to perform sex acts during a six-year reign of abuse.
On a number of occasions one would hold her down on her bed and force her to have sex while the other acted as a look-out. The boys would then swap roles. On other occasions the older brother would have sex with her on his own, and the boys would touch her inappropriately or force her to engage in sexual activity.
The assaults began when the brothers were aged below ten – the age of criminal responsibility – and continued until they were 13. The offences came to light last year when the girl, now a teenager, contacted the police.
Outlining the nature of the assaults, Crown Advocate Rebecca Morley-Kirk said: ‘It is the Crown’s case that the victim must have experienced a level of coercion arising out of the fact that her two older brothers were the perpetrators of these offences, that they were together more often than not and that it would have been apparent to them that she was not a willing participant. In any event, due to her age, it would not have been possible for her to consent.’
Both boys pleaded guilty to incest, indecent assault and committing an act of gross indecency. The Crown called for the older boy to be locked up for two years and the younger brother to be sentenced to one year of youth detention.
Advocate Caitriona Fogarty, defending the older brother, said that her client was extremely remorseful and had written a letter apologising to his victim. She said that the offences were committed amid a backdrop of a ‘chaotic and unstable’ upbringing and that he has been assessed as being at a low risk of re-offending.
Michael Haines, defending the younger brother, said that his client had co-operated fully with the police and was at very low risk of re-offending.
He said that the boy was being bullied at school at the time of the offending, and added: ‘He feels truly guilty and wishes he could undo the harm he has caused.’
The older brother was sentenced to 18 months’ probation and 312 hours of community service, while the younger boy was ordered to complete 18 months’ probation and 180 hours’ community service.
They were both placed on the Sex Offenders Register for a minimum of two years.
Delivering the court’s sentence, Deputy Bailiff Tim Le Cocq said: ‘We have read your sister’s letter to you both which describes the effect of your actions on her. The Crown describes the letter as harrowing and we can only agree with that categorisation.
‘We hope that she can find some peace and escape the effects of your actions over the time to come.’
Mr Le Cocq added that the court found it an ‘extraordinarily difficult’ matter – particularly in balancing the need to punish the defendants with the need to set it against the difficulties the boys faced at the time and their troubled family background.
Jurats Anthony Olsen and Jerry Ramsden were sitting on the case.
