Longford man (82) who had sex with dementia sufferer jailed for 'utterly despicable breach' of trust

A judge has jailed an 82-year-old Longford man for two years for having sexual with a woman suffering from progressive dementia.

Brendan Rogan, 82, of the Demesne, Longford, pleaded guilty at Longford Circuit Court to a sexual act with a protected person on the grounds of recklessness.

State barrister Shane Geraghty BL, said the victim had been diagnosed in her early-50s with frontotemporal dementia.

The victim's husband contacted  Gardaí on March 26, 2020 shortly after 10am when he got home and found his wife in their bedroom with Rogan, then aged 77.

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The defendant was described as being partially clothed and it was obvious to her husband that something had happened.

The details of the victim's medical condition was outlined to the court and evidence was heard that she was incapable of consenting to sexual intercourse.

The court heard the victim had been friends with Rogan's wife, who she had known for several years and the defendant then became more acquainted with her.

The victim's husband had only been away from the house for 20 minutes when he discovered the accused with his vulnerable wife and he immediately decided to contact the Gardaí despite pleas from Mr Rogan not to do so.

The court heard the accused had been bringing the victim for afternoon drives for a period of time and he had also asked her to call him when she was at home alone.

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The victim's daughter told Gardaí in her statement the family became concerned about Mr Rogan taking her away as they were unable to reach her and did not know where she was.

The victim's daughter phoned Mr Rogan and asked him to stop contacting her mother, however, the accused continued to visit and he ignored the family.

The court heard Rogan told Gardaí he noticed the victim was quiet and she willingly went upstairs with him and "she never complained".

The accused claimed to officers he was not aware of her condition.

Mr Rogan wrote a letter to the victim's family where he apologised "sincerely and unreservedly" for his actions.

The court heard she was rarely left on her own and when she was it was very short periods of time.

On March 26, 2020 the victim had been less than an hour alone when Mr Rogan visited.

The visibly emotional daughter stated "only in our worst nightmares did we think that someone would victimise a woman so obviously unwell in a sexual way".

She stated the family have strong feelings of guilt and they were left with no choice but to put her into a nursing home at the age of just 56.

The victim's daughter was emotional as she recalled having to move her mother into a nursing home resulting in "our hearts [being] broke for her all over again".

Rogan had no previous convictions.

Judge Kenneth Connolly noted the defendant's elderly age and he said that had to be considered, however, he stated it was "exceptionally serious offending" and that had to be reflected in the sentence.

"This was a crime of utter repulsion to any norm of understanding," he said. "This was an utterly despicable breach of trust, especially in circumstances where the victim's daughter had gone out of her way to ask that he not contact her mother."

Judge Connolly criticised the way the defendant ignored the pleas of her daughter and "disrespected her in disregarding her wishes and he disrespected her mother by subjecting her to this utterly gross behaviour".

Judge Connolly insisted the "crime is simply too heinous and repulsive to avoid a custodial element" and he sentenced Rogan to four years in prison suspending the final two years.

He stated he had some regret sending such an elderly man to prison but he felt "I would be "letting the victim down if I didn't impose a custodial element".