A teenaged ‘Smart Alec’ arranged for his intellectually disabled friend to engage in sex with a 13-year-old girl they met at a bus stop – and today the young man with the disabilities was given a two-year suspended jail term.
The teenager with intellectual and physical disabilities was before Cork Circuit Criminal Court facing sentencing for defilement of a child and sexual assault.
The parties to this case cannot be identified under the Children’s Act. Although the defendant and the girl did not know each other prior to this daytime incident on the street they did attend the same school.
Tom Creed, defence senior counsel, said of the accused, “He has his own vulnerabilities.
Judge Seán Ó Donnabháin said, “He did not take part in any victim blaming, he gave a full and truthful account and there is a background of intellectual and physical disabilities.”
It happened on December 10 2018. The defendant and his friend had an e-cigarette which they did not want. The friend approached the 13-year-old girl at a bus stop and asked her if she wanted to buy the e-cigarette.
The detective investigating the case said that the boy asked her to kiss the defendant in which case he would give her the cigarette for €10.
She agreed to walk up a laneway with the defendant and they kissed.
The other boy then said to her that if she gave the defendant a ‘blow-job’ he would give her the e-cigarette for €5. The 13-year-old performed oral sex on the defendant.
Finally, the other boy said he would give her the cigarette for nothing if she had sex with the defendant.
The detective said the accused and the complainant pulled down their pants and engaged in sexual intercourse. It stopped after a brief moment.
Later the injured party said,
Tom Creed defence senior counsel said there was a psychiatric report on the defendant and that he had an intellectual disability. Even before this happened the defendant’s mother had insisted that he would come home directly from school so that he would not get into any difficulties.
Mr Creed said that another teenager with the defendant was “for want of a better term, a bit of a Smart Alec” and he was the one who organised what occurred between the two other parties.
The accused is 20 now but was 18 at the time of the defilement and sexual assault.