Monday 24 April 2017

One of five teen boys accused of having sex with girl (15) at house party suitable for juvenile programme

Stock picture
Stock picture

Eimear Cotter

One of the five teenage boys accused of having sex with a 15-year-old girl during an impromptu house party over two years ago has been deemed to be suitable for the Garda Juvenile Diversion Programme.

To be deemed to be suitable for the programme, the 17-year-old must admit that he had sex with the young girl.

Tallaght District Court previously heard that the then 15-year-old victim will allege that 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".

The 17-year-old teenager was remanded on continuing bail to a date in July pending a High Court appeal on how he was originally dealt with by gardai.

According to the Irish Youth Justice Service, the juvenile diversion programme, which is operated by the Garda Youth Diversion Office, provides that in certain circumstances a young person under 18 years of age who accepts responsibility for a criminal incident can be cautioned and supervised as an alternative to prosecution.

A child may also agree, as part of a caution, a number of actions which he/she will do to address the hurt that they have caused.

Five teenagers, all with addresses in Rathfarnham, have been 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 December.

A second 17-year-old teen is facing a district court trial in September.

In relation to the third 17-year-old, defence solicitor Padraig O'Donovan said his client has been accepted for the juvenile diversion programme.

Mr O'Donovan also said he had sought a judicial review on the way his client was originally dealt with by gardai. He said the review had been refused and it was being appealed.

Mr O'Donovan said the appeal is due to be heard in the High Court shortly.

He asked Judge Bridget Reilly to adjourn the case for four weeks, saying he expected all matters to be resolved by then. Judge Reilly agreed to the adjournment to a date in July.

In relation to the allegations, the court heard previously it will be alleged the then 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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