Limerick boy, aged 13, kicks girl, 12, in the ribs after she made sex assault complaint

A 13-YEAR-OLD Limerick boy intimidated a 12-year-old girl who had accused him of sexually assaulting her, the circuit court has heard.

The now 16-year-old defendant, who cannot be named due to his age, pleaded not guilty to two counts of intimidation and to sexual assault.

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A jury found him guilty of one of the intimidation charges, not guilty of a second intimidation count and could not agree on the sexual offence charge. The DPP  subsequently entered a nolle prosequi (intention not to pursue the case) in respect of the sexual assault charge.

Prosecuting barrister John O’Sullivan, instructed by State solicitor Padraig Mawe, summarised the evidence for Judge Ronan Munro at a sentencing hearing, with the assistance of Detective Garda James Muldowney.

Mr O’Sullivan said the charge of intimidation relates to a person who harms or threatens, menaces or in any way intimidates, or puts in fear another person who is assisting in a garda investigation with the intention of causing the investigation, or the course of justice to be obstructed, perverted or interfered with.

Mr O’Sullivan said the victim was 12-years-old at the time of the offence in January 2023.

The court heard the girl, now aged 15, was walking back from a friend’s house when the accused kicked her in the ribs. The victim was grabbed by her mother and brought inside their house.

“Her father ran out and said the accused was shouting, what he referred to as general s*** talk. The father said the accused said he would ‘put a hole in my head’. He told him to stay away from his daughter,” said Mr O’Sullivan.

The girl’s ribs were sore for a number of days.

“Her father took her to St. John's Hospital but they couldn't see her because she was too young. He said he couldn't face the queues in University Hospital Limerick so they gave her pain relief at home. She wasn’t deterred (from continuing with her complaint),” said Mr O’Sullivan.

The barrister read out the girl’s victim impact statement in which she said the assault has left her with “crippling anxiety and depression”.

“I can’t leave my home without my mam. I don't have a social life. I’m 15, I should be living my life. I can't even go out to my front garden alone.

“My childhood was taken from me - I had great friends and would never be at home. My anxiety and depression made me lose friends because I lived in constant fear after the assault. 

“I basically locked myself in my room for the last three years. My family had to see me suicidal, not sleeping, not eating. The last three years of my life have been hell,” read out Mr O’Sullivan.

The girl concluded her victim impact statement by saying she is slowly coming out the other side after three years of hell. “I am slowly putting myself back together. I may not be able to get my childhood back but I'm going to try.”

Mr O’Sullivan said the defendant has convictions for theft, possession of knives, threatening, abusive, insulting behaviour which post-date the intimidation offence.

The accused was represented by Brian McInerney SC, appearing with Erin O’Hagan BL. Mr McInerney said his client accepts the verdict and “it shouldn’t have happened”.

He outlined the teenager’s difficult family circumstances to Judge Munro. Mr McInerney said the accused is engaging well with the Probation Service and education services.

Judge Munro said intimidation is a significant charge because the youth wasn’t charged with simple assault.

“He is charged with interfering with justice. He intimidated and put in fear a person assisting a garda investigation where she had alleged against him an offence of a sexual nature in the preceding weeks.”

He said it is a very serious crime to intimidate somebody with a view to blocking an investigation.

“If a person makes a complaint, particularly of a sexual offence, it must be protected whether or not the complaint proceeds or not. 

“It's an inherently grave matter if somebody is attacked against that background and that's what he was convicted of,” said Judge Munro

The judge referenced the girl’s victim impact statement and that the “last three years have been hell”.

“It’s a deeply upsetting and distressing incident,” he pointed out.

Judge Munro said the custody threshold has been passed but as the accused has accepted the verdict and taking into account his incredibly young age and his engagement with services, he said he would fully suspend a six month sentence until his 18th birthday.

The judge added conditions which include having no contact directly or indirectly with the victim, stay 20 metres away from her and her parents, and he must abide by directions of the Probation Service.

“Just keep your head down and keep doing what you're doing. 

“It looks like you're going in the right direction but if you start going in the wrong direction you will be back before me or another judge,” said Judge Munro.