NI: Rapist given suspended sentence after victim says his family shouldn’t suffer

NI: Rapist given suspended sentence after victim says his family shouldn't suffer

A rapist was given a suspended sentence in Newry Crown Court after his victim said she did not want his family to suffer.

Eugene Gallagher, 44, admitted charges of rape and indecent assault between October 1990 and March 1991, when he was 16 and the anonymous victim was 15, BBC News reports.

At the sentencing hearing, the prosecution barrister said the victim had “expressed a very strong view” that Mr Gallagher not be sent to prison, because “she doesn’t want to see his family suffer … it’s not through any compassion or feeling for him”.

The judge said he would take the “exceptional step” of not sending Mr Gallagher to prison because the victim’s intervention had “tipped the balance” in his favour.

Mr Gallagher was sentenced to three years suspended for two years on the single rape charge, and 18 months suspended for two years on the four counts of indecent assault.

Speaking afterwards, the victim said Mr Gallagher could be held accountable outside of the courts, pointing to the recommendations of the Gillen Review.

Sir John Gillen, a retired Court of Appeal judge, was commissioned last April to review the administration of justice in serious sexual offence cases in the wake of a controversial nine-week rape trial in Belfast which ended with the acquittal of two high-profile rugby players.

He published his final report, featuring 253 recommendations, earlier this month.

The victim said: “One of the key recommendations of the Gillen review refers to the concept of restorative practice, I feel that if this concept could be developed it would prove to be very positive. There are many victims who may wish to see the accused held accountable but do not wish to enter the court process.

“For many people, like myself, there will be a desire for vindication rather than revenge, and it is important we explore ways to support this change in the system.

“I stopped feeling like a victim the day I had my first interview with the Police Service of Northern Ireland, the support given by the PSNI and Public Prosecution Service has been immense. I would urge other people carrying the same burden to consider reporting.”

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