A 14-YEAR-OLD BOY who raped a girl after drinking alcohol for the first time has been given a suspended sentence.
The now 17-year-old boy, who cannot be named for legal reasons, was convicted by a jury at the Central Criminal Court following a trial last May. He had pleaded not guilty to a charge of oral rape and rape on September 26, 2020.
Cathleen Noctor, SC prosecuting, told the court that the victim, who was 15-years-old at the time, had no recollection of the rape due to her level of intoxication. It was accepted by the State that he raped the girl on the basis that she was too incapacitated to be able to consent to having sex with him.
“The complainant was incapable of consenting because of the consumption of alcohol,” counsel said.
A victim impact statement was read into the record by a local garda. In that, she stated that she has suffered tremendously and the boy “took something from me that can never be returned”.
She said she finds it hard “to connect with people,” and she suffers from nightmares. The victim said her mental health has completely deteriorated, and she feels depressed and has self-harmed.
She said she didn’t feel comfortable in her own skin and used to cover up. She described losing her friends, and she felt isolated, and this made her feel more alone than she previously had.
She said she didn’t speak to her parents about it because she didn’t want to burden them, and she never felt safe.
The girl described needing “her babysister to keep her company at night-time” because she couldn’t sleep in the dark anymore.
“Home for me is not my home anymore. I had to drive past and face the park [where the rape occurred]. It used to give me horrible triggers,” she said before she added that she couldn’t concentrate in class anymore.
She said she was “objectified”. “I will never feel the same again. You took a number of things from me that I will never gain back again,” the girl concluded.
Dominic McGinn SC defending said his client’s state of mind was “recklessness to the issue of consent”.
“The court is dealing with a 14-year-old boy – in effect, what he did was to completely misread the situation, having taken drink for the first time himself,” McGinn said.
“He must suffer now for the rest of his life having now been labelled a rapist,” McGinn submitted, adding that this fact could be considered “part of the punitive effect”.
He further submitted that his client was otherwise of impeccable character, with a reference from an employer describing him as “hardworking, well respected and easy to get along with”.
“The thrust of the probation report is that what happened was not symptomatic or indicative of his character in general,” McGinn said before he added that his client has begun abusing cannabis as a result of his concern over the legal process that was hanging over his head.
He asked the court, “Is it necessary for this case to be met with a custodial sentence?”
The case has been adjourned on a number of occasions in order to hear from probation officers and for Ms Justice Caroline Biggs to consider the various case law surrounding the sentencing of minors.
Last Tuesday, a probation officer, who was one of three such officers who met with the boy, outlined her work to date with the accused.
She said that the boy has now acknowledged that the girl, as heavily under the influence of alcohol as she was, was not in a position to give consent that night.
The probation officer said that at the time of the rape, the boy’s sexual education had not gone beyond what he had learned at primary school, nor had he discussed any issues around consent or sex with his parents.
She told Justice Biggs that treatment would also be available to the boy around the misuse of drugs and alcohol, antisocial behaviour and peer influences. She confirmed that the boy has shown motivation to engage with these treatments.
She agreed with the judge that her general impression was that the boy was “open to assistance and guidance,” and she had found him “to be reliable and truthful” in his answers.
“We challenged him on some of his answers, but he was open to that,” the probation officer said before she said the probation officers had also engaged with the boy and his family as a group together.
She said it was concluded, and there was consensus amongst the three probation officers who dealt with him, that this teenager could be managed in the community.
She said his main risk attitude was his attitude to the offence, but “we felt that it was down to a lack of education but also his engagement with his peer group – we are still working on that”.
The case was adjourned to today and Justice Biggs asked for an updated report that dealt with the assistance that is available to the teenager in the community as opposed to what could be involved in a detention centre.
Justice Biggs acknowledged that although the teenager had pleaded not guilty to the offence of rape, he has indicated through his legal team that “he now accepts the jury’s verdict”.
The judge previously noted that any period of detention imposed on the teenager cannot go beyond his 18th birthday, which is later this year.
Sentencing the teenager today, judge Biggs said she had “grappled with the power” of what sentence she could give in this case and that only “the most exceptional cases” of rape could warrant a suspended sentence.
Justice Biggs said the accounts of the probation services were the most helpful pieces of material in understanding the defendant.
The judge said probation officers had spoken of the teenager’s sexual immaturity and that he would greatly benefit from a comprehensive education on issues related to sex, consent and bodily integrity.
The court heard the defendant had previously told probation officers he felt remorse for his actions and how it had impacted the victim but had tried to justify himself by saying he was intoxicated at the time.
Justice Biggs said the defendant was “emotionally and sexually immature” and had not received substantial sex education as he was only in his third year of secondary school at the time of the offence.
She said he was aware of “the basic mechanics” regarding sexual activity but not the social and emotional aspects of it, which he would need to further develop.
She added a letter from the boy’s mother had been provided to the court, which described her son as someone who had never previously caused any trouble.
The court heard that the sentence for a case of rape would be seven to ten years but that “a discount” would be provided to the defendant based on several mitigating factors.
Ms Justice Biggs said that “mitigation is increased by age” due to the defendant’s status as a juvenile, detailed in the Children’s Act 2001.
The judge said the defendant’s acceptance of sex between himself and the victim was key to the prosecution’s case and that “he should be credited” for providing this information to gardai when interviewed.
The defendant’s positive engagement with the probation services and his willingness to rehabilitation were additional mitigating factors.
Ms Justice Biggs said “a large discount” to the defendant’s sentencing would be given due to the years-long delay in bringing this case to court and finalising it, adding that it had been unfair to the personal lives of both the defendant and the victim.
The court heard the probation services had recommended the teenager be given a suspended sentence, which the judge deemed as “appropriate”.
Judge Biggs said that while the defendant has no previous convictions, this single conviction “will never be expunged from his record” and will forever affect his employment, ability to travel and other aspects of his life.
Justice Biggs imposed a fully suspended sentence of 106 days of detention to the boy with conditions that he attends all appointments with the probation services, engage in HSE drug and alcohol addiction counselling and be of good behaviour.
She also “strongly advised” the teenager to continue engaging with the probation service even after he turns 18 years old.
Speaking directly to the victim after, Justice Biggs said she had “not lost sight of her” throughout the judgement and praised her actions in coming forward following the “horrific wrong that was done to her.”
Justice Biggs praised the victim’s parents for supporting her throughout this period and raising someone with “a strength of character” who was willing to speak out about her rape.
“She is someone that all women in Ireland should look up to,” Ms Justice Biggs said.
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