A WOMAN who was sexually abused by her older brother as a child has been told by the Department of Justice she faces jail if she goes public with her story.

The woman, now 35, was abused from the age of eight until she was 12. After years of silence, she reported it to the gardai in 2001.

Her brother was convicted of sexual assault in 2002, but because of a quirk in the law relating to incest cases, she has been told she cannot speak out about her experience.

Her brother, nine years her senior, had also been charged with incest but was acquitted because the prosecution failed to prove that penetrative sex took place.

The charge of incest, however, means that if the woman identifies herself, and therefore her brother, she could face three years in prison and a fine of up to €10,000 She said: “On the day he was sentenced I said I wanted no restrictions. I wanted to be free finally, but the director of public prosecutions barrister told me I would go to jail if I ever spoke out.

“If my situation helped even one person it would be worth it. I grew up in a household where there was nothing but secrets and lies, and I remember, after going to the police, how free I felt, promising myself there would be no more.

“I thought that freedom would last for ever. I was wrong. Not only did my family force me to keep secrets but now the justice system has too.”

According to a spokeswoman for the Rape Crisis Network of Ireland, it is crucial that victims of sexual abuse be given the right to speak out.

“Victims often carry a burden of guilt because they didn’t speak out and alert people,” she said. “Sexual abuse is often about the notion of power and children being manipulated into silence. Part of taking back what they took from them is to break that silence.”

The woman said that, despite an admission to the police that he had been arrested “for incest” and his convictions for sexual assault, her brother only received a suspended sentence and walked free.

She wants to see the law changed to protect the victims and has campaigned to have her case re-examined.

She has written to the taoiseach, the attorney-general and to Michael McDowell, the justice minister. However, a letter from McDowell’s office in 2003 said she was subject to the same provisions as every other victim of sexual assault but failed to refer to the difference between the rights of victims of incest and those of sexual assault, who can opt out of anonymity.

The letter said her views had been included on government files as a response to assessments of the laws relating to sexual offences, and would “form part of the analysis which will lead to any legislative proposals that may emanate from the examination”.

According to the justice department, no review has been undertaken since that letter was written.

“The attorney-general has a scheme for criminals to provide legal aid if they think they were unfairly treated,” she said, “but I don’t have the same option and can’t afford a barrister.

“It’s like I was the one that got the sentence. How did things get turned around so that I couldn’t say anything without going to prison? He’s the criminal.”

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