Teenager who defiled girl (14) given suspended sentence
Tom Tuite
A “particularly vulnerable” teenager who defiled a 14-year-old girl in wasteland beside a Dublin shopping centre has been given a 12-month suspended sentence.
The now 19-year-old Dublin man, who cannot be named for legal reasons, had just turned 15 when he had “sexual intercourse with the girl without her consent”, the Central Criminal Court heard.
He pleaded guilty to one count of defilement of the girl at wasteland beside the Dublin shopping centre on March 17th, 2022.
He was originally facing a more serious charge, but the defilement plea was accepted by the Director of Public Prosecutions (DPP), the court heard.
Sentencing the man on Friday, Judge Patrick McGrath said this was a case where “the court has to and should suspend the 12-month sentence that it would otherwise have imposed”.
He cited a number of factors, including the fact that the defendant was “a young man who is particularly vulnerable”, and who suffers from autism, ADHD and OCD.
A psychologist found he requires significant ongoing support and was a particularly immature 15-year-old at the time of the offence, with a mild intellectual disability, which would have affected his decision-making and poor social understanding.
The victim in the case left the courtroom in distress after the judge indicated he would be handing down a suspended sentence.
At an earlier sentencing hearing, a local detective garda told Maurice Coffey SC, prosecuting, that on the day in question, the victim met up with some friends and had some alcoholic drinks before they went to the shopping centre and met a group of boys, with whom they were familiar.
The boy went to the wasteland area with the girl, where he had sex with her.
He maintained she consented, but she said she did not consent, that she said no a number of times and that he pushed her to the ground. The court heard she may have blacked out during the offence.
The court heard that the boy then ran off, and she was left on the ground. She saw a man walking his dog and asked him to ring her mother.
This man was extremely concerned about her, rang her parents and stayed with her until they arrived.
Gardaí also attended the area, which was declared a crime scene and the girl was taken to a sexual Assault Treatment Unit (SATU).
The boy was identified and interviewed by gardaí. He maintained that the sex was consensual. He has no previous convictions but is currently before the court on other allegations, including criminal damage, burglary and unauthorised taking of a vehicle.
In her victim impact statement, the young woman, who is now aged 19, said this was one of the worst things she has ever had to deal with.
She said she was left “confused, scared, alone, helpless” in the wake of the attack and has lost all confidence in herself.
She said she suffers from anxiety, paranoia and physical sickness since the incident. She said four years later, she still has a lot of healing to do. “I will never be fully healed,” she said. “But I will always be proud of how far I have come.
Addressing the man directly, she said: “I'm not going to let your selfish, disgusting actions destroy me anymore.”
“All I wanted was justice, and that is what I've done.”
Giollaíosa Ó Lideadha SC, defending, said his client is awaiting trial in another court and has not been engaging with the Probation Service.
He has had a diagnosis of autism and ADHD from a young age.
He has OCD issues relating to food and hygiene, meaning time in custody will be extremely difficult for him, counsel said.
The detective agreed with defence counsel that he is an “extremely polite young man”, noting he has “always found it difficult to reconcile that side of him”, referring to the offending.
The court heard the man entered the plea based on the issue of consent. He maintained he also thought she was 16, the court heard.
He knows what he did was wrong and has acknowledged his guilt by way of his early guilty plea, defence counsel said.
Judge McGrath said that had the defendant been a mature adult at the time of the offence, he would have set a headline sentence of five years.
He reduced it to two years, taking into account he was a child at the time of the offending - “barely 15 years old” - and that a significant discount should apply.
He further reduced the term to 12 months, which he suspended for three years on several conditions, including that the man engage in offence-related work and access therapeutic supports.
He told the defendant he was being given an opportunity. “It's important that you take full advantage of the assistance given to you,” the judge said.
If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help. In the case of an emergency, always dial 999/112.
