The Criminal Courts of Justice, Dublin.(Image: Collins)

'You are both monsters' - Kildare men jailed for a total of 26.5 years for the gang rape of a teenage girl

30 Oct 2024, 20:00 by Sonya McLean · Irish Mirror

A 16-year-old girl who was gang raped by a teenager and his older neighbour has described the men as “the monsters in her dreams”.

The now 21-year-old woman read her victim impact statement via video link during the sentencing hearing of Patrick (aka PJ) Kelly (22) and Joseph Byrne (44).

The men were jailed for a total of 26 and a half years by Justice Paul McDermott at the Central Criminal Court.

In her victim impact statement, the woman said that Kelly called her that day to tell her he was going to take his own life and she met him because of this. She was not expecting Byrne to be there.

Kelly of Corra Choill Park, Prosperous, Co Kildare, pleaded guilty at the Central Criminal Court during a trial after the victim’s taped interview of complaint to specialist gardaí was played for the jury.

He told his legal team that he didn’t wish her to be put through cross-examination and pleaded guilty to three counts of rape, accepted on a full facts basis by the Director of Prosecutions.

Kelly was sentenced to 13 and half years, with the final two years suspended on strict conditions, including that he engage with the Probation Service for three years and have no contact directly or indirectly with the woman.

Byrne, also of Corra Choill Park in Prosperous, continued to deny the charges before he was convicted by a new jury panel to two charges of rape, two charges of oral rape and one charge of anal rape. He was jailed for 15 years in prison.

He was also placed under a seven-year post release supervision order and told not to have any contact either directly or indirectly with the woman.

The rapes occurred over one day on an unknown date between March 2020 and June 2020 in four different locations in a Kildare town, including a car, Byrne’s home, in a field while she was walking with Kelly and finally another field.

The court heard that the then-teenage girl was raped by both men, at the same time, in a car. After this incident, Byrne took her back to his home where he raped her.

The following morning, she was raped by Kelly in a field, before both men again raped her at the same time in another field. The men took turns raping the girl vaginally while the other forced her to perform oral sex on him.

She later told gardaí that she felt like “a rag doll” and described being in a lot of pain.

When she asked Kelly at one point why he had allowed Byrne to do that to her, he said he “shares all my girls with Joe”.

The woman said in her statement that she had previously confided in Kelly and he had comforted her, as a “a vulnerable 15-year-old girl” who was looking to talk to someone about her pain.

She said on the night of the rapes he rang her to arrange to meet up because he said he was going to take his own life.

“He knew I would take that very seriously,” she said before she added that she went to the meeting point and was not expecting to see anyone else.

“I was not prepared for what would happen over the next 24 hours,” the woman continued.

“They raped me in that car when I was 16 years old. I felt like a rag doll. They used me for their own pleasures,” she said.

“They were pushing me down – I felt weak, scared and betrayed. I felt paralysed and trapped,” she continued.

She spoke of how she felt it difficult to tell her family what had happened and described scrubbing herself in the shower so hard it made her bleed - “trying to wash away the smell of them”.

The woman said that the detective to whom she ultimately reported the rape made her feel safe. “She was kind. She made me feel OK to the tell truth,” she said.

“I was brave and I wanted justice. I wanted to make sure nothing like this would happen again,” the woman said.

She said the trial was hard, particularly seeing the video of her complaint to gardaí: “I was not prepared to see the 16-year-old version of myself but I knew it was time for justice.”

“I made a big mistake trusting him (referring to Kelly). I made a big mistake but he made the worst one. He used me, played me and broke me,” she said.

Referring to Byrne, the woman said he had dragged her through the courts – “It was like I was back in the place with them all over again.” She said his evidence in the trial was “nonsense and delusional; I was sick to my stomach.”

“I am happy I got my justice in the end. He showed his true colours,” she continued.

“You both were monsters. You were the monsters in my dreams and you were both in it together,” she said.

She thanked everyone for hearing her and helping her and her family for sticking by her.

“You cannot hurt me anymore. I hope you cannot hurt anyone else – I found the strength to survive,” the woman continued.

Anne Rowland SC, prosecuting, said the Director of Public Prosecutions viewed the case as falling into the “exceptional band of gravity” warranting a sentence of 15 years to life in prison.

Ms Rowland said this was based on the fact that Kelly lured the then 16-year-old girl into what was “effectively a gang rape” in two separate locations.

She referred to the disparity in age between the teenager and Byrne and said because the girl was raped at the same time by both men, it involved “gratuitous sexual perversion”. She also referred to the “severe and lasting impact on the victim”.

Sentencing the men on Wednesday, Mr Justice Paul McDermott said the woman was clearly a vulnerable young teenager and this would have been known to PJ Kelly. He said she had shown “courage and determination” in how she dealt with the case.

Mr Justice McDermott said it was “a continuum of sexual abuse over an extensive period”, during which the then teenage girl was subjected to repeated rape and oral rape, with one incident of anal rape.

“They forced themselves on her whenever they wanted,” Mr Justice McDermott said before he added that they also ignored her clear protests.

“They each attacked her at the same time and encouraged each other,” the judge continued. He described the offence as “shameful and callous” which left her extremely damaged, with physical and mental pain and suffering.

“She went out that night to assist PJ Kelly. He took advantage of her good nature and kindness and her young age and vulnerability,” Mr Justice McDermott said.

Mr Justice McDermott also referred to the fact that the men gave her alcohol and cannabis and left her in a vulnerable situation, “Each knew she was not consenting and each took full advantage.”

He said the case fell in the exceptional range, before he said a headline sentence of 16 years was appropriate for both men.

Mr Justice McDermott acknowledged that Kelly was a young man with a very troubled background and accepted that he pleaded guilty at an early stage in the trial. He reduced his sentence to 13 years and six months, before suspending the final two years.

Sentencing Byrne, Mr Justice McDermott said the woman was clearly much younger than him and she was “clearly unwilling and he ignored her pleas to stop”.

He said there was very little by way of mitigation for Byrne. “He challenged the veracity of the victim by giving evidence at trial. He expresses no remorse and does not accept the jury’s verdict.”

Mr Justice McDermott imposed a sentence of 15 years on Byrne and ordered that he undergo post-release supervision for seven years.

A local detective told Anne Rowland SC, prosecuting, that the then-16-year-old girl was very vulnerable.

On the day of the rapes, she got a phone call from Kelly asking to meet her in a nearby town. She agreed to meet him but when she arrived, he was in a car with Byrne.

She got into the car and the group later bought alcohol which they drank along with smoking some cannabis.

The girl began to feel unwell and passed out, but she came around to find Kelly sexually assaulting her.

She said she didn’t want this and asked him to stop. Byrne then began to rape her. The attack continued and during one point Kelly was raping her, while Byrne was beneath the girl anally raping her. Kelly also forced her to perform oral sex on him at one point.

The girl was crying in pain asking the men repeatedly to stop. It eventually came to an end and Kelly went to a relative’s home nearby and Byrne brought her back to his home, where he raped her in a bedroom.

The following morning, the teenage girl hoped that Byrne would drive her home but he didn’t and she met up with Kelly. She asked him why he had allowed Byrne to do that to her and he replied that he “shared all my girls” with Byrne.

Kelly then raped the girl. She protested and said she was “not in the humour”. He then brought her back to Byrne’s home who claimed he barely remembered anything that had happened the previous night.

Byrne then brought her to a different field, after instructing Kelly to bring a duvet. The men then repeatedly raped the girl. While one forced her to perform oral sex, the other vaginally raped her before the men swapped positions and continued the attack.

The teenage girl reported the rapes to the gardaí a short time later. Then men were interviewed in August 2020, but nothing of evidential value came from their interviews with gardaí.

The detective confirmed that Byrne gave evidence in his own defence during the trial. He said the sex with the teenage girl had been consensual and claimed she had been “flirting” with him.

Each of the men have previous convictions. Byrne’s convictions include assault causing harm, while Kelly has less convictions including possession of drugs and burglary.

The detective agreed with Conor Devally SC, defending Kelly, that his client had not seen the complainant’s video of interview with gardaí until the trial and pleaded guilty as soon as it was shown to the jury.

Ciaran O’Loughlin SC, defending Byrne, said his client “was given to believe that the complainant was 18 years old”.

He would not have been involved at all had he known her true age, counsel said.

Join the Irish Mirror’s breaking news service on WhatsApp. Click this link to receive breaking news and the latest headlines direct to your phone. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don’t like our community, you can check out any time you like. If you’re curious, you can read our Privacy Notice.