Kildare teen to be sentenced for sexual assault and rape of cousin
By Eimear Dodd
A Kildare teenager will be sentenced next month for the sexual assault and rape of his young cousin, which left her feeling like a “scared kitten”.
The now 17-year-old was found guilty by a jury following a trial earlier this year of oral rape. He also pleaded guilty to four counts of sexual assaults on unknown dates between October 1, 2018 and December 31, 2018.
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.
Ms Justice Karen O'Connor adjourned the case to December 6 for finalisation.
The Central Criminal Court heard today/yesterday (MON) that the offending took place in the victim's home.
The victim told her mother in July 2019 about the incident and her mother then contacted the gardai. When interviewed by specialist gardai, the victim said the accused inserted his finger into her vagina on four occasions.
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.
On a separate occasion, the accused orally raped the girl. He told her not to tell anyone.
The girl was sitting on her mother's bed on another 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.
The investigating garda agreed with Lorcan Staines BL, defending, that his client's mother had attended the interview and her statement had been put to the accused by gardai.
Mr Staines suggested his client may not have given a full account when speaking to gardai due to the presence of his mother.
The accused had also instructed his legal team not to carry out a cross examination during the trial in relation to the oral rape count, meaning the victim did not have to attend court or face cross-examination.
The defence also made no closing speech during the trial on behalf of accused.
Mr Staines said his clients accepted that he is guilty of four counts of sexual assault, but does not agree that he is guilty of rape. However, his client does accept the verdict of the jury and does not intend to lodge an appeal.
A report from a Tusla service was handed into the court which stated that the accused was viewing pornography, which may have contributed to his offending.
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.
He asked the court to consider alternatives to custody for his client, who was 13 at the time of the offending.
Ms Justice O'Connor said the rape count is very serious and this has not been acknowledged by the accused.
She adjourned the case to December 6.