Monday 26 September 2016

Court date for teen boys accused of having sex with girl (15) vacated as alleged victim is studying for Leaving Certificate

Alleged incident took place at impromptu house party

Eimear Cotter

Published 15/04/2016 | 13:27

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A hearing date for two of the five teenage boys accused of having sex with a 15-year-old girl during an impromptu house party two years ago has been vacated as the alleged victim is studying for her Leaving Certificate.

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A State solicitor asked for the reserved hearing date in May to be vacated as the alleged victim is studying for her Leaving Certificate, and she wished to concentrate on her exams.

A solicitor for one of the 17-year-old accused also told a court he is "anticipating a positive result" in relation to his client's suitability for the juvenile diversion programme.

The court previously heard that the then 15-year-old victim will allege each of the five males pulled down her leggings and underwear and had sex with her individually. She alleged she was scared and could not "physically say no".

Five teens, all with addresses in Rathfarnham, are charged with having sexual intercourse with a named female child under the age of 17 at an address in Rathfarnham on March 14, 2014.

Three of the five teenagers, two 18-year-olds and one of the 17-year-olds, have already been sent forward for trial in the Circuit Court.

In relation to the two 17-year-olds who are facing a District Court trial, Judge Bridget Reilly adjourned the matters for one week, to allow the parties to agree a new hearing date.

A State solicitor had asked that the hearing date in May be vacated as the alleged injured party is studying for her Leaving Certificate.

In relation to one of the 17-year-olds, defence solicitor Padraig O'Donovan told Tallaght District Court that his client may be dealt with under the juvenile diversion programme, and gardai expect a decision within four weeks.

Mr O'Donovan said he was "anticipating a positive result" in relation to his client's suitability for the programme.

He also said he had sought a judicial review on the way his client was originally dealt with by the gardai. He said the review had been refused and it was being appealed and the appeal is due to be heard next week.

In the case of the second 17-year-old, his solicitor asked for separate trials for the two teens facing trial in the District Court, claiming there was "risk of contamination and prejudice" from the interviews with the defendants.

Judge Reilly said she would allow the solicitors to fully address the question of separate trials next week.

In relation to the allegations, the court heard previously it will be alleged the 15-year-old victim left her home at 7pm and a bottle of vodka was purchased for her in a local supermarket. She drank the bottle and friends brought her home at 8.30pm as she was drunk.

It will be alleged an impromptu party occurred at the house and five males had sex with her. It will be alleged that before she had sex with the fourth teen she heard a male outside her bedroom say "get in line".

The victim alleges each of males had pulled down her leggings and underwear and had sex with her individually. She alleged she was scared and could not "physically say no", the court heard previously. 

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