BREAKING: Kildare teenager who raped young cousin is sentenced to one year detention

By Eimear Dodd

A Kildare teenager who sexually assaulted and raped his young cousin has been sentenced to one year of detention.

The accused, who cannot be named as he and the victim are both minors, was 13 at the time of the offending while his victim was then aged seven.

The now 17-year-old boy was found guilty of orally raping his female cousin by a jury following a trial earlier this year. He also pleaded guilty to four counts of sexual assaulting her on unknown dates between October 1 and December 31, 2018.

Last month Ms Justice Karen O'Connor agreed to a request from defence counsel to defer finalisation of the case for two weeks while they make an application to the Court of Appeal.

Lorcan Staines SC, defending, told Ms Justice O'Connor that the intention is to ask to the Court of Appeal to lodge an appeal and to consider the “novel” approach taken by the defendant's legal team.

No closing speech was made by defence counsel on behalf of the accused. His legal team did not carry out a cross-examination, meaning the victim did not have to attend court.

Ms Justice O'Connor agreed that it had been an “unusual trial” during which efforts were made to avoid causing any additional trauma or anxiety to the victim. She said that a period of detention must be imposed, given the serious nature of the offences, the young age of the victim and the impact of the offending on her.

She noted that if she was sentencing an adult on the rape charge, she would set a headline sentence of eight years.

Today/yesterday (WED) the judge said for a juvenile defendant the appropriate headline sentence would be four years. She said that after taking mitigating factors into account, including the fact the defendant was 13 at the time of the offence, the appropriate sentence was one year detention.

She also imposed a nine month period of detention on each count of sexual assault, with all sentences to run concurrently. She ordered the defendant be subject to post release supervision for a period of two years.

The court heard that the offending took place in the victim's home. When interviewed by specialist gardai, the victim said her cousin inserted his finger into her vagina on four occasions.

On a separate occasion, the boy orally raped the girl as part of a game and told her not to tell anyone or he would tell a lie.

The girl said she felt scared and that she would get in trouble if she told anyone. She said the accused would push a chair against the door of the room they were in.

Ms Justice O'Connor said the multiple counts, all of a serious nature, were among the aggravating factors in this case. She noted the age disparity between the accused and the victim and that there would have been “a large power imbalance” between them.

Other aggravating factors included the impact of the offending on the victim and that these events took place in her home, which should have been a place where she felt “safe and secure”, Ms Justice O'Connor added.

She said she would take the “very young age” of the accused at the time, his lack of previous convictions and his cooperation with the investigation into account as mitigating factors.

Ms Justice O'Connor noted that the accused had engaged with relevant supports, made efforts to rehabilitate himself and there had been a delay in the case. A probation report also stated the accused is remorseful and ashamed of his actions.

A report from Tusla, handed into court, stated that the accused was viewing pornography and this may have contributed to the offending.

The offending came to light in July 2019, when the girl told her mother who then contacted the gardai.

The court heard that the girl was sitting on her mother's bed on one occasion when the accused tried to get her to go with him. When she refused, he attempted to drag her, but she held onto the bed and he gave up.

The court heard that the victim's mother also contacted the accused's mother after her daughter told her about the abuse.

The accused's sister asked him what had happened and took notes of their conversations. These notes were later used by gardai when they interviewed the accused.

The accused made some admissions when interviewed by gardai in June 2020. He said he had touched the victim's buttocks and breasts.

In her victim impact statement, the girl said she was “scared, confused and really sad” when the abuse first happened. She said she pretended to be smiling and happy, but inside she felt like a “scared kitten”.

The girl said she found it difficult to trust people and to make friends. She said she felt shock as she thought her parents would not believe her, but also relieved to be able to tell someone.

Mr Staines said his client accepts that he is guilty of four counts of sexual assault, but does not agree that he is guilty of rape.

Mr Staines said his client is a juvenile who is engaging with all relevant services. He said his client's offending is “most serious” and had led to the breakdown of close family relationships.