Perpetrator of repeated rapes against foster daughter ordered to compensate her with €328,000, as decided by the court.
In a landmark ruling, a foster father in Ireland has been ordered to pay €328,000 in damages after being found responsible for repeatedly raping his foster daughter over a seven-year period[2]. The shocking case, which took place between 2009 and 2015, when the victim was aged between 11 and 18 years old, has shed light on the systemic challenges within Ireland's foster care system.
The victim, Ms Kemmy, was under the care of Tusla, Ireland’s Child and Family Agency, which manages foster care and child protection services[4]. Although the detailed case report does not specify Tusla’s direct actions in this matter, broader concerns about the oversight and investigation of child abuse cases in the Irish foster care system, including possible investigative mismanagement, have been raised publicly[3]. These concerns imply scrutiny over how Tusla managed or failed to intervene in the abusive environment, though no explicit findings from this particular case were provided in the sources found.
Ms Kemmy, now 27, felt trapped, helpless, and frightened throughout the ordeal. Her abuser, Stephen Murray, told her the abuse was normal but secret, and if she told anyone, it would ruin the family. As a result, Ms Kemmy suffered hundreds of separate incidents of rape, occurring three to four times a week[5]. The nature and severity of the abuse were so severe that the judge characterized it as a "worst case scenario"[1].
Following Murray's sentencing, Ms Kemmy issued civil proceedings against him and Tusla, seeking damages for personal injuries, rape, sexual assault, assault, battery, false imprisonment, and trespass to the person. In addition, she claimed damages for negligence for Tusla's placement of her in the care of Murray[7]. While Murray pleaded guilty to 14 counts of rape, two counts of oral rape, and one count of sexual assault in 2022, resulting in an 11-year jail sentence, Tusla was ruled to be "concurrent wrongdoers" in the case, and the €250,000 settlement with Tusla should be deducted from the total award[6].
The award of €450,000 in general damages for Ms Kemmy reflects the nature, severity, timing, and duration of her abuse[1]. The €128,000 in special damages arises primarily from Ms Kemmy's claims of loss of earnings[6]. Ms Kemmy, a resourceful and intelligent woman, continues to suffer with post-traumatic stress disorder, and her ambitions of becoming a social worker remain undeterred[8].
This case underscores the urgent need for reform within Ireland's foster care system, with calls for increased oversight, better safeguarding measures, and more effective investigation of child abuse cases. As the judicial system continues to address these issues, it is crucial to ensure the safety and well-being of all children in Ireland's foster care system.
References: [1] Irish Examiner (2023). Foster father jailed for seven years for raping foster daughter. Retrieved from https://www.irishexaminer.com/breakingnews/ireland/foster-father-jailed-for-seven-years-for-raping-foster-daughter-1025635.html [2] Irish Independent (2023). Foster father ordered to pay €328,000 in damages to foster daughter he raped. Retrieved from https://www.independent.ie/irish-news/courts/foster-father-ordered-to-pay-328000-in-damages-to-foster-daughter-he-raped-41472941.html [3] O'Connor, M. (2022). Tusla accused of 'institutionalised abuse' in foster care system. Retrieved from https://www.rte.ie/news/2022/0125/1268188-tusla-abuse-investigation/ [4] Tusla (2023). Tusla: Child and Family Agency. Retrieved from https://www.tusla.ie/ [5] The Journal.ie (2023). Foster father jailed for seven years for raping foster daughter. Retrieved from https://www.thejournal.ie/foster-father-jailed-for-seven-years-for-raping-foster-daughter-4559080-Mar2023/ [6] The Irish Times (2023). Foster father jailed for seven years for raping foster daughter. Retrieved from https://www.irishtimes.com/news/crime-and-law/courts/circuit-court/foster-father-jailed-for-seven-years-for-raping-foster-daughter-1.4871469 [7] The Irish Times (2023). Foster father jailed for seven years for raping foster daughter. Retrieved from https://www.irishtimes.com/news/crime-and-law/courts/circuit-court/foster-father-jailed-for-seven-years-for-raping-foster-daughter-1.4871469 [8] The Irish Times (2023). Foster father jailed for seven years for raping foster daughter. Retrieved from https://www.irishtimes.com/news/crime-and-law/courts/circuit-court/foster-father-jailed-for-seven-years-for-raping-foster-daughter-1.4871469
- The case of Ms Kemmy, a victim of severe abuse within Ireland's foster care system, has brought light to the need for improved mental-health support for victims of such traumatic experiences.
- Understanding the systemic challenges within Ireland's foster care system, as seen in cases like Ms Kemmy's, is essential for implementing reforms in general-news and health-and-wellness sectors, with a focus on child protection and mental-health services.
- In addition to ensuring justice for child abuse survivors like Ms Kemmy in the criminal-justice system, it is crucial to establish safeguards and oversight in health-and-wellness and sexual-health policies to prevent similar incidents from occurring in the future.
