FURTHER consideration is to be given by the sentencing judge in the case related to a 10-year-old boy who was raped on a sleepover by his cousin who was 12 to 14 at the time.
The case has come back before Mr Justice Michael MacGrath.
Siobhán Lankford, defending, said the Court of Criminal Appeal had decided in related cases that a suspended jail sentence was not an appropriate sanction.
Ms Lankford urged the judge to consider what she described as a community-based sanction that would concentrate on a rehabilitative approach to the accused who is now aged 17.
There is a legal prohibition against identification of parties to the case at the Central Criminal Court sitting in Cork.
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.
There was a very short victim impact statement in which the young person said: “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 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.”
Ms Lankford said that 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 until July 4.