Thursday 22 February 2018

Three-year jail sentence for 'ordinary boy' (16) who raped teen at party

Fiona Ferguson

AN "ordinary" teenage boy is beginning three years' detention for raping a 15-year-old girl at a house party where he had taken drugs and indulged in drinking games.

A group of youngsters had each put in €5 to buy alcohol for the party, where a court heard there was a lack of adult supervision, before the rape took place.

The boy (16) pleaded guilty at the Central Criminal Court to raping the girl in a bedroom on March 5, 2011. He had no previous convictions and was 15 at the time of the rape.

As he sentenced him to six years with the final three suspended, Mr Justice Paul Carney said the offence was a "full-blown rape" and that the provisions of the Children Act could not save the boy from a custodial sentence.

He noted that both parties were very drunk at the house with the accused claiming huge alcohol consumption as well as having taken hash.

Mr Justice Carney commented in mitigation that there had been a lack of appropriate adult supervision of both the accused and victim.

The girl said she had found preparing a victim impact statement difficult. "I did not ask for any of this and I really want it to be over," she said in the statement, which was read in court.

She said it still felt as if the offence had happened yesterday. She described how she had been in shock for weeks afterwards and had suffered panic attacks.

The girl said she had asked her parents if they could move out of the area as she could see things that reminded her of the attack.

Crying

Garda Adrian O'Sullivan told the court that the girl and boy had attended a teenage house party. During the evening the young woman drank four bottles of beer and was becoming noticeably drunk. She went upstairs to a bedroom at about 2am to go asleep.

The girl said the accused came into the room shortly afterwards and pulled down her trousers. She said she told him to stop and he replied: "This is what you want."

The girl said she was crying and calling her friends but the music in the house was very loud. The boy had sex with her despite her telling him to get away. She was in pain and did not know how long it lasted.

Later, the accused boy and his parents went to a local garda station. The boy told gardai he had sex with a girl at the party the night before and initially said he did not know if she had consented. He later admitted that the girl had said "no" as he started having sex with her.

Gda O'Sullivan agreed that the boy was "an ordinary young fellow" who had never been on the garda radar.

Sean Gillane, defending, had submitted that the Children Act 2001 indicates that a period of detention should only be imposed on a child as a measure of last resort and only when the court is satisfied that there is no other way to deal with the child.

Irish Independent

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