Man who repeatedly raped foster daughter must pay her €328,000 in damages, court rules

Irish Times

4 days ago

A man who admitted to repeatedly raping his foster daughter over a seven-year period must pay more than €300,000 in damages to her, a High Court judge has ruled.
Stephen Murray, formerly of Humphreystown, Valleymount, Co Wicklow, was jailed for 11 years in 2022 after pleading guilty to multiple counts of rape, oral rape and sexual assault of Kelly Kemmy. The offending occurred between February 2009 and December 2015, when Ms Kemmy was aged between 11 and 18 years old.
Ms Kemmy (27), who waived her right to anonymity following Murray's sentencing, subsequently issued civil proceedings against Murray and Tusla.
Ms Kemmy's claim against Tusla, which sought damages for negligence for placing her in the care of Murray, was later settled for €250,000.
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In February, 2024, Mr Justice Paul Coffey ruled in favour of Ms Kemmy in her claim against Murray, which sought damages for personal injuries as well as rape, sexual assault, assault, battery, false imprisonment and trespass to the person.
Murray did not participate in the proceedings and judgment was made against him in default of appearance.
In a judgment on Wednesday, Ms Justice Emily Egan ruled Ms Kemmy should receive damages of €328,000 from Murray.
Ms Justice Egan, who characterised the nature and severity of abuse suffered by Ms Kemmy as a 'worst case scenario', said Ms Kemmy should be awarded €578,000 arising from her action against Murray. This would comprise €450,000 in general damages and €128,000 in special damages.
However, the judge ruled that Tusla and Murray were 'concurrent wrongdoers' in the case and as such, the €250,000 settlement with Tusla should be deducted from the total award.
'[Ms Kemmy] suffered damage as a result of the tortious and criminal actions of Murray and that damage was not prevented, interrupted or ameliorated by Tusla, as it ought to have been,' the judge said.
An award of €450,000 in general damages reflects 'the nature, severity, timing and duration of abuse and the severity of the injury' to Ms Kemmy, Ms Justice Egan said. This award is greater than damage previously awarded for other child sexual abuse cases, the judge said.
The judge noted the current upper limit for awards of general damages in personal injuries cases is €550,000.
The €128,000 in special damages arises primarily from Ms Kemmy's claims of loss of earnings.
Referring to Ms Kemmy's evidence in the civil case, Ms Justice Egan noted that it is estimated she suffered hundreds of separate incidents of rape, occurring three to four times a week. Murray's abuse of Ms Kemmy began when she was 11 years old, some seven years after she and two of her siblings were fostered by Murray and his wife.
'For years, [Ms Kemmy's] dignity and autonomy were taken from her, causing her to suffer humiliation, frustration, helplessness, loneliness and despair,' the judge said.
It was Ms Kemmy's evidence that Murray told her the abuse was normal but secret, and if she told anyone, 'it would ruin the family', the judge noted.
Ms Kemmy said she felt trapped, helpless and frightened, and that her shame was so overwhelming she felt she had no one to turn to for help, the judge said.
Ms Kemmy reported Murray's abuse to An Garda Síochána in July 2019. After this, she was rendered effectively homeless and her relationship with her two siblings was 'devastated', the judge noted.
Murray would later plead guilty to 14 counts of rape, two counts of oral rape and one count of sexual assault.
Ms Kemmy continues to suffer with post-traumatic stress disorder, the judge noted. The judge also said Ms Kemmy is a resourceful and intelligent woman, keen to gain security for herself and her young child, and who has ambitions of becoming a social worker.