A York wife must choose between her husband and her children after he received a maximum jail sentence for child abuse.

Angelika Kilmartin married her husband Brendan after he had pleaded guilty to three sex offences.

Today at Leeds Crown Court Judge Peter Charlesworth sent Brendan Christopher Kilmartin, 52, formerly of Park Grove, York, to jail for 18 months for three offences of inciting young children to acts of gross indecency.

He said Brendan Kilmartin would have to undergo lengthy assessment before he lived with any children and his wife Angelika, who married him while he was on bail, already had children of her own and might not be able to have her husband living with her.

Prosecutor John Hitchin told him the offences occurred in July and August 1997.

The judge said that had they occurred a month later he could have and would have imposed longer sentences under new legislation.

However, because of the date of the offences and because he had to give Kilmartin credit for his guilty plea, he imposed a sentence of 18 months.

He said the assessment period would include Kilmartin working to overcome his offending.

For the defendant, Andrew Axon said Kilmartin suffered brain damage in a rugby match on November 8, 1978, and this reduced his inhibition against certain sexual behaviour and also caused memory loss.

Because of this and the ever-increasing amounts of drugs he was giving himself in the period leading up to the offences he was not fully in control of himself.

"He does accept his involvement," said Mr Axon. "He accepts it fully and is remorseful for it."

After the offences came to light Kilmartin had voluntarily become a patient at Bootham Park Hospital and had told staff about them, knowing the police would be informed.

Mr Axon said that police would probably have been informed through other means as well.

Similar child abuse charges relating to a period before the brain injury were left on file after Kilmartin pleaded not guilty.

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