A judge is to consider whether to impose a period of detention on a Galway teenager who sexually abused his younger sister.
The 16-year-old, who cannot be named for legal reasons, pleaded guilty at the Central Criminal Court to one count of anal rape on or around August 12th, 2020, and two counts of sexual assault on dates between November 2019 and January 2020.
The victim was nine at the time and is the boy's younger sister. The court heard they both continue to live in the family home.
On Tuesday, an investigating garda told Roisin Lacey SC that the offending came to light when the girl told her mother in early September 2020.
The boy became distressed and was taken to hospital due to concerns for his mental health. Their mother told hospital staff about her daughter's disclosure, and Gardaí and Tusla were then notified.
A social worker was appointed, and the boy did not return to the family home until a safety plan was put in place several days later.
When interviewed by specialist gardaí, the girl said the first incident occurred while she and her brother were sleeping at opposite ends of the same bed. She said it started by “accident,” and they both said it “felt nice”.
She told gardaí they had used their toes to “play with their private parts”.
On another occasion, the girl said they were “feeling each other's private areas”.
She told gardaí that she was in the sitting room with her brother when he anally raped her. She said he asked her if she wanted to do it, and she had agreed.
She said they were “both curious” and had “seen it on TV and heard about it in school”. She said it was sore, and he stopped when she asked him to.
Garda interview
The boy came voluntarily to the Garda station with his father. He told gardaí that the offending started when the girl rubbed her feet between his legs and stopped when one of them got a feeling that it was wrong.
When asked about the anal rape, he accepted that it occurred and that it was wrong. He has no previous convictions and has not come to recent garda attention.
A victim impact statement was handed to the court but not read aloud.
When asked by Mr Justice Tony Hunt for an update on the girl, the investigating garda said they have had limited contact with her. He said he understands from Tusla that the now 12-year-old is a good student.
The investigating garda agreed with Sean Gillane SC, defending, that while gardaí have had limited direct dealings with the boy, he was cooperative.
He also accepted the boy attended the Garda station with his father in the days following a “frightening situation” at the family home.
It was further accepted that while the boy's understanding was limited, he repeatedly told gardaí that he knew what he did was wrong.
The garda also agreed that it appears the boy has complied with the safety plan, which is monitored by Tusla, as he remains in the family home.
Mr Gillane told the court his client was aged between 12 and 13 at the time and had a low level of maturity and understanding of sexual matters.
Defence counsel said this is a “complex case”, adding this must be “a living hell” for the children's mother.
Defence counsel said the mother is doing “everything she can to repair the harm caused” to the girl, who is a “victim of serious offending”. She also “loves her son and wants to do the best for him”, the court heard.
The complexities of the woman's position had caused some difficulties during the process, he said.
Exceptional circumstances
Ms Lacey noted there are “highly exceptional circumstances” to this case. She said the woman had “done everything she could to deal with matters” but made the court aware that gardaí had limited access to the victim for a time, but this was later resolved.
Probation and psychological reports were handed to the court. The boy is attending a treatment programme for young people who have sexually abused others, the court heard.
Defence counsel said the reports show the boy has gained “significant insight” into his offending, but more work is required. His client also has some cognitive difficulties and mental health issues, and has been assessed at a low risk of re-offending.
Mr Gillane asked the court if the boy is “not already being punished” due to the existence of the safety plan in the family home and asked that a period of detention be considered as the last resort.
The court heard that the boy was homeschooled for a period, but has since returned to school and completed his Junior Certificate. A letter from the school chaplain was provided to the court.
Other references and a letter from the parents were also handed in. The children's father has medical issues, the court was told.
The children's mother had made a “difficult decision”, but might wish she made a different one “in hindsight” to “keep it in-house”, he said.
However, the judge said it was “in everyone's interest” that the situation was brought into the open where it can be addressed “no matter how difficult”.
He said a parent would be “pulled in two directions” and had a lot to consider that may not be open to the court, gardaí or other services.
He said the court takes its obligations under the Children's Act “very seriously” and must consider if detention is appropriate in these circumstances.
Adjourning the case to October 2nd, Mr Justice Hunt said he would “do my best to avoid a custodial situation as that is what the Act requires”.
