A TEENAGER WHO sexually assaulted and defiled a 13-year-old girl in a Dublin park when he was aged 15 has been sentenced to a 12 month period in detention.
The now 17-year-old boy pleaded guilty to one count of defilement of a child under 15 and one of sexual assault in a Dublin park in September 2022.
The guilty pleas given by the 17-year-old boy, who can’t be named because he is a juvenile, were on the basis that the sexual intercourse took place without the girl’s consent, Patricia McLaughlin SC, prosecuting, told the Central Criminal Court.
Sentencing the boy today, Mr Justice Paul McDermott said a headline sentence of five years and six months would be appropriate for an adult in this case.
Addressing the boy directly, the judge noted while there was “consensual elements” initially, “you weren’t satisfied and used violence in the circumstances”.
Mr Justice McDermott also noted the age disparity between the boy and the victim, adding that the court was satisfied the boy knew what he was doing was wrong.
He said the facts of the case indicated a “coercive element” and that force was used on the victim when she didn’t wish to continue.
The judge said the boy’s prepared statements to gardai contained “self-serving lies”. He noted that gardai have guidelines for interviewing juvenile offenders due to their vulnerability and suggestibility, and he suggested that lawyers may wish to consider similar guidelines.
Mr Justice McDermott noted the boy has a number of difficulties and a diagnosis of mental health issues. He also took into account the guilty pleas, the lack of previous convictions and that the boy’s diagnosis will make his time in detention more challenging.
The judge said the girl had been “extremely brave” to tell her parents in the wake of the incident and to persevere through the process.
He noted the impact on the girl’s mental health, social life, and family, adding that she had demonstrated “exceptional courage and determination”.
He handed down a period of 12 months detention.
In a victim impact statement which she previously read out in court herself, the girl (now aged 15) said she pressed charges to stop this happening to another girl in the future.
She said that in the wake of the attack, she had to endure a lot of medical appointments and internal examinations when she was already sore. “I was only 13,” she said.
She said her parents have been “worried sick” about her and she is still on anti-depressants as she deals with the aftermath of the attack. “No-one my age should feel this way,” she said.
She said she has lost out on the last two years of her life and that her life will never be the same again. She is anxious around boys and even her sibling, to whom she was previously close, she said.
“I wish I never had to go through this,” she said. “I’m only here today to give another girl in the future the courage to.”
Mr Justice Paul McDermott commended the girl for her “courageous” statement.
The Central Criminal Court heard the then 15-year-old boy and the victim (then 13) were known to each other.
When the girl arrived in the park on the day in question, the teenager was there with a number of other boys who later left.
There was some consensual kissing between the teenage boy and the victim, but the girl felt uncomfortable when he started to touch her body.
She asked him to stop and he grabbed her arm, which was later found to be bruised. He then touched her vagina, before engaging in non-consensual sexual intercourse with her.
The sexual assault came to an end when the girl screamed loudly. The boy threw her phone away before he left the park.
The girl told her parents what had happened when she returned home. Gardai were immediately contacted and an investigation started.
The boy was interviewed by gardai twice and provided prepared statements. He initially denied the allegations and said there was consensual kissing. In his second interview, the boy admitted sexual intercourse, and claimed the girl, who he believed was 15, initiated their interactions.
Defence counsel asked the court to take into account the contents of psychological and probation reports.
He outlined his client’s family background and that the boy left school after his Junior Certificate, later returning to education for a period. He has some work history.
Counsel noted that his client has a number of vulnerabilities including limited social and communication skills. He has taken steps to address his mental health difficulties and is engaging with other services and supports.
The teenager is willing to engage with the Probation Service to address his sexually harmful behaviours. The boy meets the criteria for a mild cognitive disability and autism spectrum disorder.
A number of letters, including one from the boy expressing his remorse, were also handed to the court.
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