A teenager is to stand trial in the Central Criminal Court accused of sexually abusing a boy, aged around nine, in Dublin over a two-year period.
The boy (17), who cannot be named for legal reasons, appeared at the Dublin Children's Court facing 10 charges: one count of sexual assault, three for aggravated sexual assault, and six for oral or anal rape.
The offences allegedly occurred from 2019 to 2021. Gardaí commenced an investigation when a witness claimed he saw the accused with the victim and alerted his mother.
Judge Brendan Toale noted that all the charges, except the sexual assault allegation, had to go forward to the Central Criminal Court automatically.
However, the teenager had a right to ask the Children's Court to accept jurisdiction and run a separate trial on the sexual assault charge.
The judge heard an outline of the evidence for that alleged offence.
Detective Garda Olivia Jones said that on a date late in 2021, a witness reported to gardaí that he saw the accused, then 15, and the younger boy behind a wall.
He claimed to gardaí that he saw the complainant on a chair with his trousers down, facing the wall with his bottom exposed.
They left, but the witness followed to report it to the child's mother and gardaí conducted specialist interviews.
The court heard it was alleged the younger boy told gardaí that during the sexual assault incident the teenager "put his willy in my hand".
The defendant's clothes were forensically examined. When questioned by gardaí, the accused claimed the child's trousers fell, and he made denials.
The judge did not have to hear evidence about the other charges, but the detective described the sexual assault as "interconnected with the other incidents".
The accused has no prior criminal convictions.
Behavioural issues
At an earlier stage, the defence said the teenager was immature, had linked in with mental services, and had ongoing behavioural issues.
The preliminary hearing was also told that he had been affected by family problems and "behavioural issues manifested after that".
State solicitor Ana Bridgeman cited legal authorities with rulings that sequential trials shall not operate unless exceptional circumstances arise.
Judge Toale held that there should be one trial for all the charges in the Central Criminal Court.
A book of evidence was served on the teenager and Judge Toale granted a return for trial order.
The boy's appearance date before the Central Criminal Court is yet to be set, but it will be in the coming months. He remains on bail with conditions to stay out of parts of Dublin and to obey a curfew.
The boy, accompanied to court by his parents, was granted legal aid, including junior and senior counsel representation.
He and his parents were told to notify the State if he intended to use an alibi at his trial. Gardaí were also ordered to furnish copies of interview videos to the teen's lawyers.
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.
