Rapist who threatened to kill child’s pet dog if she told anyone about abuse fails in appeal

Fiona Magennis

A 42-year-old man who repeatedly abused a young girl when she was aged between seven and 11, including one instance where he recorded himself raping her and another when he threatened to kill her pet dog if she told anyone, has failed in a bid to overturn his conviction at the Court of Appeal.

However, the court on Monday substituted one conviction of vaginal rape against James Quigley with a verdict of attempted rape.

Quigley, of The Hermitage, Borris Road, Portlaoise, Co Laois, was found guilty at the Central Criminal Court in July 2023 of 12 counts, including sexual assault, aggravated sexual assault, rape, anal rape and oral rape of the now 18-year-old in various locations in the State on dates between October 2012 and July 2018.

He was also found not guilty of one count of sexual assault. The court heard he continues to deny any wrongdoing.

Imposing sentence on the man in October 2023, Ms Justice Karen O’Connor noted that there were four separate types of offending in four separate locations, which included the girl’s family home – “a place where she should have felt safe”.

The judge imposed concurrent sentences of 13 years and suspended the final six months on strict conditions.

Delivering judgement at the Court of Appeal on Monday, Mr Justice Patrick McCarthy noted that the core submission advanced by lawyers for Quigley at his appeal was that the trial judge had erred by declining to direct an acquittal on two specific counts of vaginal rape at the conclusion of the trial.

Regarding the first count, Mr Justice McCarthy said there had been “ample evidence” to permit a jury to convict of rape on that charge and the direction application in relation to this was rightly refused by the trial judge.

However, in relation to the second count referred to at the appeal hearing, the judge said there was “insufficient evidence” to allow a jury to consider or convict on a charge of rape and accordingly the court would quash the verdict on that charge.

Mr Justice McCarthy noted it was conceded by counsel for Quigley that the Court of Appeal could properly substitute a verdict of attempted rape for rape on this count.

He added: “We think that the jury must have been satisfied of the facts, namely, at least attempted entry, however slight, by the appellant of his penis into the complainants vagina.”

Mr Justice McCarthy said the trial judge had directed that each count on the indictment was to be dealt with separate and the three-judge Court of Appeal had no reason to believe that the jury did no do so. He said accordingly, the view the court has taken on this count has “no implications for the verdicts on the others”.

The man’s sentencing hearing was told that the abuse started when the girl was seven and Quigley exposed himself to her and touched her vagina at a party.

On another occasion, Quigley was working at the girl’s family home and raped her in her mother's bedroom. He then grabbed her and said if she told anyone, he would kill her dog.

In a separate incident at his home, Quigley told her she was very special to him and that she could be special to other people. He then recorded himself orally and anally raping her.

On another occasion, he tried to choke the girl and then attempted to digitally penetrate her while recording it.

In the final incident, Quigley slapped the girl, who was then aged 11, on the face and told her she was worthless. He orally raped her, then put his hands around her throat and started to choke her.

The court heard that the victim told gardaí that the abuse occurred more than 20 times, but could not recall all the incidents. She told her mother about the abuse in 2020, and it was then reported to gardaí.

In her victim impact statement, which she read to the court during Quigley’s sentencing hearing, the teenager said that she felt more on trial than the defendant during the court process.

She described Quigley as a “predator” who came into her life when she was seven.

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.