Boy raped his young cousin during sleepover

A detective in the area of Co Cork where the incident occurred gave evidence at the sentencing hearing in the Central Criminal Court sitting in Cork. 
Boy raped his young cousin during sleepover

There is a legal prohibition against identification of parties to the case.Picture: iStock

A 10-YEAR-old boy was raped on a sleepover by his cousin who was 12 to 14 and the accused has faced sentencing for rape.

A detective in the area of Co Cork where the incident occurred gave evidence at the sentencing hearing in the Central Criminal Court sitting in Cork. 

There is a legal prohibition against identification of parties to the case.

The nature of the rape was oral and there was evidence — some of it disputed — of the defendant making threats that he would hurt the victim and break his Playstation if he told anyone what happened on the sleepover. As well as the oral rape offence there was a second count, to which the defendant also pleaded guilty, of attempted rape. The defendant is now aged 17.

There was a short victim impact statement from the injured party who is now 13. It was read by the detective: “I had an incident with my cousin a while back.

“I was getting headaches after. There was a voice in my head saying, ‘Tell someone, tell someone’.

“As soon as I did tell my mam and dad the headaches stopped. We don’t mention his [defendant’s] name in our house.

“Before I told my mam this I was getting into trouble a lot. That is all stopped now.”

The detective said the injured party told his mother that his older cousin made him touch his willy when he was sleeping over.

When he was interviewed by a specialist interviewer the injured party said: “He put his thing in my mouth. If I didn’t he would hurt me.”

The injured party’s brother was present for the sleepover and corroborated the account.

The brothers said that on the previous sleepover their older cousin — the defendant — had given them what they called, “the talk”, meaning a talk about sex.

The injured party told the specialist interviewer: “He told me he would hurt me. I felt very unsafe. He said if I tell anyone he will hurt me really badly. I thought the threat meant he would give me the bruises.”

When interviewed, the defendant said of the injured party: “I don’t think he wanted to do it. I think it was more a fear than anything. It was not something he wanted to do. It was because he was scared.

“The more I think about it, it was a stupid thing. I was older. I think he was afraid if he didn’t.”

While the defendant initially said he could not say if he threatened or didn’t threaten his cousin, he later said he did not.

When interviewed a second time he introduced the idea that both of them were individually looking at pornographic videos on a phone or tablet and each one of them was individually “playing with their private parts”.

Defence senior counsel Siobhán Lankford said: “He is remorseful, he has an understanding of the wrong he has done. He has never had any involvement with social workers in his youth. He has had this matter hanging over him since he was 12 or 13. It has weighed very heavily on him. There was one particularly traumatic event in his youth [related to violent death].”

Ms Lankford said despite the seriousness of the case the Children’s Act required that there would only be imprisonment as a last resort.

Mr Justice Michael McGrath adjourned sentencing for over two months to allow for a report from a national inter-agency programme which provides assistance to young people in this situation.

Ms Lankford SC said the 17-year-old was happy to engage with the service and he was remanded on bail to do this and to continue with his education.

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