Man who was 15 years old when he sexually assaulted his six-year-old neighbour in Kildare is jailed

A man who was 15 years old when he sexual assaulted his six-year-old neighbour has been jailed for 16 months.

The 24-year-old Cork resident, had pleaded not guilty at Dublin Circuit Criminal Court to sexual assault of the child, in the victim’s Kildare home on October 14, 2014.

The man has no previous convictions and has not come to garda attention since. 

He was convicted by a jury last January but the court heard that he continues to maintain his innocence.

The court heard that the boy was a frequent visitor to the home of the girl.

On the day in question, the girl came downstairs and told her mother that she was bleeding.

When her mother asked what had happened, the girl first said that she fell off the bed when she was playing with her younger brother. 

Her mother thought this was unusual as there had been no noise and questioned the little girl some more. 

The mother saw blood coming from the child’s vagina and noticed cuts on the girl's private area. The mother asked if the accused had touched her, and the girl said yes.

The boy was asked to leave the house, and an exchange took place on the doorstep between the boy and the girl's family. 

Judge Elma Sheahan said the victim impact statement stated in 'the clearest of terms' the psychological upset she suffered following the assault: "This case graphically illustrates the many different ways such offending impacts on a child, physically, emotionally and socially."

She said the case was more serious as the girl had suffered physical injuries and the accused was a neighbour who was welcomed into her home, as a neighbour and a friend.

Judge Sheahan accepted that the man co-operated with the garda investigation, had no previous convictions, had worked since leaving school and has not come to garda attention since.

She also noted that his mental health has suffered over the past number of years.  

The judge imposed a sentence of 16 months after noting that the man 'continues to maintain his innocence', she said she didn’t see 'any evidential basis for suspending the sentence as he has not gained insight into his offending'.

FURTHER DETAILS

The investigating garda told John Gallagher, BL, prosecuting, the girl was first brought to a doctor and then sent to the hospital.

While en-route to the hospital, the girl told her mother about the assault and pointed to her crotch area to show where she had been touched.

During a medical examination in Crumlin Hospital, a doctor noted the girl had a cut or laceration on her hymen. 

Gda Flynn said that they first became aware of the situation when the 15-year-old boy and his mother presented to the garda station and told the gardai about the doorstep exchange that had taken place.  Gardaí then received a phone call from Crumlin Hospital to say there were treating a young female who turned out to be the victim.

Gardaí obtained the clothing that the boy had been wearing, which included a pair of tracksuit bottoms. Blood was found on the tracksuit, a DNA match to the young girl.

Child specialist interviewers interviewed the girl on a number of occasions.

During his interview, the boy was asked how he got the girl's blood on his tracksuit bottoms, and he said: "The blood might be on my trousers, but I didn’t touch her."

A victim impact statement was read by counsel for the girl, saying: "I was only six years old when this happened. I didn’t know what was happening, but I knew it was wrong.

"Everyone around me was upset and angry, and I was afraid to go outside. I stopped going on the school bus, and I was bullied."

The statement finished by saying: "It has taken over eight years, but I am glad I did it because I don’t want other girls to be hurt."

Gda Flynn agreed with Ciaran O’Loughlin, SC, defending, that there was full cooperation from his client and his family and that clothes were handed over to gardaí straight away.

The garda agreed with counsel that the boy had to leave the area where he was living in as information regarding the offence had gotten out.

Mr O’Loughlin asked the court to take into account the age and maturity of his client at the time of the offence.