21-year-old man jailed for sexual assault and rape of minors

This article contains extended references to sexual assault and rape involving minors, which some readers may find distressing. Reader discretion is strongly advised.

By Eimear Dodd

A man who raped a teenage girl and engaged in a sexual act with a 12-year-old in separate incidents has been jailed for five and a half years.

The Dublin man was convicted of the rape of a 16-year-old girl in February 2021 following a Central Criminal Court trial earlier this year. 

The 21-year-old also pleaded guilty after this trial to engaging in a sexual act with a child under 15 in January 2021. This injured party was 12 at the time, the court heard

He was 17 at the time of both offences and cannot be named for legal reasons. He has no previous convictions.

Imposing sentence,Mr Justice Kerida Naidoo noted the defendant “told lies” and claimed both victims had made up false allegations against him.

The judge said the court had taken account of the man’s youth at the time, noting that immaturity reduces culpability.

Mr Justice Naidoo said he would impose consecutive sentences as there are two victims.

He imposed a total sentence of six and a half years with the final year suspended for two years on strict conditions to encourage rehabilitation and victim awareness.

The court previously heard that the defendant and the 12-year-old came in contact through Snapchat when she was 11.  There were communications between them, and he sent her pictures of his abs.

They met up several times and on a date in January 2021, he took her to the garden of an abandoned house where he engaged in as sexual act with her. She said it was sore and asked him to stop, but he replied “shush, it’s okay”.

Reading her victim impact statement, the now 17-year-old described feeling uncomfortable in her own body and the area where she lives.

She outlined the effects on her mental health including sleeplessness, anxiety, flashbacks and panic attacks.

She said she had to drop out of school for mental health reasons, “when it came out what he did to me” as the man was then also a student at the same school.

When interviewed by gardai, the man denied ever being alone with the 12-year-old girl, claiming she was infatuated with him.

Evidence was heard that the man and the 16-year-old girl were part of the same friend group and had been hanging out in the area on a night in February 2021.

The injured party, her female friend, the man and his brother walked to her home. The man later went into her home and raped her, telling her afterwards it was their secret. The girl told gardai that the man’s brother threw a condom inside during the incident, the court heard.

In a victim impact statement she read to the court, the now 21-year-old woman said she had experienced “four long years of pain, hurt, confusion” and that her home is no longer a safe space as it has been “tainted by that night”.

She said she hopes that she never has to set eyes on the man again and prays he will never get the chance to do this to another person again.

The accused told gardai that the 16-year-old made up the allegation as she was upset about kissing him earlier in the night, having recently broken up with another boy.

Mr Justice Naidoo said the age disparity between the defendant and the 12-year-old girl was aggravating, describing it as “significant” at that stage in life. He said this was not a spontaneous incident and the defendant had developed a relationship with the girl, which “culminated in a serious criminal act”.

He noted that the defendant and the 17-year-old girl were part of the same peer group before this incident. The judge said this was not a case of sexual experimentation between two young people where the male had gone too far, but the physical imposition by the defendant of his will on this girl.

He noted the contents of a forensic psychological report, which states the man has an “extreme lack of awareness about consent” and is at average risk of sexual re-offending.

The report also states that the man did not ask for consent, but believed both victims wished to engage. Mr Justice Naidoo said this is “at odds” with the evidence.

The judge also said he had considered testimonials provided to the court on the man’s behalf.

He said he would set a headline sentence of eight years for the defilement charge if sentencing an adult, before reducing it to four years to reflect the defendant’s age at the time.

The judge also set a headline of nine years for the rape charge if sentencing an adult, which he reduced to four and a half years.

The judge noted the man now accepts the jury’s verdict, and that both victims have “understandably” declined to accept letters of apology, given the defendant blamed them both.

The 12-year-old told gardai the defendant laid her down in the garden and she told him she didn’t want to. He told her “it’s fine” and she replied “alright”.

She told him to stop as it was painful. He then penetrated her anus with his penis. She said it was sore and asked him to stop, but he replied “shush, it’s okay”.

She disclosed what had happened to her sister that March. The court heard she had taken some alcohol and was extremely upset. Gardai were then contacted.

When interviewed, the man denied he had ever been alone with the 12-year-old girl. In a prepared statement, he said the girl had developed an infatuation with him and her obsessive behaviour had been reported to the school.

Gardai contacted the school, which had no records of any report being made in relation to the girl.

In her victim impact statement, the now 17-year-old girl said she suffered with panic attacks and flashbacks, particularly during sex education or SPHE, when sexual assault was mentioned. She described having to go to the bathroom where she would cry alone.

She said people have belittled and made up rumours about her, and said her life during the last four years has been a “living hell”.

She said she missed out on many teenage experiences as she was too afraid to go out.

Addressing the man, she said she hoped “you feel the sadness and pain”, and know that his impact on her life was “unbearable” and “made me feel like I was being punished for what you did”.

The court heard evidence that the man and the second injured party -then 16 – were part of the same friend group at the time.

A group of young people had been socialising together on a night in February 2021 including the complainant, the defendant and his brother.

She decided to go home, and a female friend, the man and his brother were in her company. Her friend made an arrangement with the man to get the complainant home safely.

She was at home, taking off her shoes when the man came into her home, pushed her against a wall, then raped her. He told her afterwards this was their secret.

The 16-year-old girl said the man’s brother threw a condom into the apartment at one point. She told the man to stop, but at a certain stage felt there was no point resisting.

She told her friend what had happened the next morning, but didn’t initially tell her mother. The court heard evidence that the victim’s friend told her mother, who then contacted the complainant’s aunt. After the complainant’s mother became aware, a report was made to gardai.

When interviewed, the man said he had kissed the 16-year-old girl earlier in the evening. He claimed she was making up the allegation as she was upset about kissing him after breaking up with another  boy.

He told gardai she was still hanging out in the area when he left, but in his evidence at trial admitted being outside her apartment with the injured party and her friend. He said he lied as he was afraid of gardai.

In her victim impact statement, the 21-year-old woman said it was a night no young girl should have to go through. The woman said at first, she had no voice and was afraid no one would understand. She described crying herself to sleep and blaming herself for trusting the man.

She said she has lost friends, who believed what the man told them.

She said she missed out on school and lost her chance to go to college.

The woman said this is “something that will always cause pain in my life”.

It was accepted during cross-examination that the man has no other matters pending and has written letters of apology to the complainants, if they are willing to accept them.

The court heard the victims do not wish to accept these letters.

Defence counsel said his client has taken responsibility for his conduct and expressed shame. A number of testimonials and a forensic psychological report were handed to the court.