By Eimear Dodd
A Central Criminal Court judge has said more conversations about consent are needed online, adding that “the days of she didn’t fight back, scream or run away have passed”.
Ms Justice Mary-Ellen Ring made the comments yesterday while imposing sentence on a 21-year-old man convicted of oral rape, attempted rape and sexual assault.
He was handed a three-year sentence with the final year suspended on strict conditions.
The offences took place in January 2022, when both the man and the victim were 17.
They went together to a skatepark in Leinster, where there was some consensual kissing between them before the man carried out the offences.
He continues to maintain his innocence and that there was consent to the sexual activity.
He has no previous convictions and cannot be identified to protect the woman’s right to anonymity.
While finalising sentence, Ms Justice Ring said this was “sadly yet another case where there was a lack of knowledge or effective disregard of consent.
“There continues to be no understanding that consent is an active discussion.
Silence is not consent. Lack of resistance is not consent. Remaining in place is not consent.
“The days of she didn’t fight back, scream or run away have passed and juries understand this even if perpetrators don’t”.
The judge noted that not enough conversations are taking place on social media about consent.
She highlighted that cases of this kind involving people under 18 result in “young lives broken” and have “lifelong consequences” for both the injured party and the offender.
The judge noted the aggravating factors in this case include that the offences took place in an out of the way corner of a poorly lit skatepark, the breach of trust and the “significant” impact on the victim and her family.
She said she took into account the man’s youth at the time, his lack of previous convictions and personal circumstances.
The judge said the court could not overlook the delay in the case, which was the fault of neither the defendant nor the victim.
“This has added to distress of both parties and caused difficulties for both in planning their futures”.
She said a sentence of six years would be appropriate for an adult, and reduced it to three years to reflect that he was a juvenile at the time.
She suspended the final year of the sentence and backdated it to last month, when the man went into custody.
The judge also directed the man to place himself under the supervision of the Probation Services for 12 months post-release.
At an earlier sentence hearing, the woman spoke in her victim impact statement about the effect on her and her family of delays in the investigative and court processes.
She said what happened has followed her for the last three and half years.
She said the investigation was a “very difficult and slow process” and she found it “daunting”, explaining what happened to strangers.
She spoke about the stress and worry of delays to the process and preparing for the trial for her and her family.
She said the trial “was based on my truth, yet I am referred to as a witness”.
She said “people were speaking for me”, and what happened to her was talked about “with no emotion”.
“It is their job to do this. They get to do this and know it is another day in the office while I’m sitting there and it is my life”.
She said she found the trial difficult and traumatising. She described the cross examination as “very stressful”.
“It gave me a real understanding of victim blaming”, she said, adding that it was “awful” to have someone “try to undermine my truth and integrity”.
She said reading her statement was the first opportunity to speak for herself during the criminal process.
She said she had been a “happy bubbly person”, but “lost myself” after January 2022. “I was just existing,” she said, adding that she missed classes, which affected her studies and her plans to attend college.
She said she took a year out after school, which “allowed me to start to try to find myself again” and then started college.
She said she would “not let anything stop me become a strong, mature, independent woman”.
“Coming forward and telling my truth was one of hardest things to do. I hope it stops happening to someone else”.
Ms Justice Ring told the woman that a new protocol, which aims to get cases involving a complainant or defendant under 18 into a courtroom within 12 months, are “because of cases like yours”.
“It is important you highlighted that. It reminds us again not to let delays arise,” the judge said.
Finalising the sentence, Ms Justice Ring wished the woman well and expressed the court’s hope that in time she will be able to move forward with her life.
Evidence was heard that the boy and the girl met in late 2021 and added each other on Snapchat.
They chatted on the app and by text, then arranged to meet in mid-January 2021.
They initially walked around, then kissed consensually before going to a corner of the skatepark, which was poorly lit.
There was further consensual kissing. There, the boy orally raped the girl, then attempted to rape her. He also sexually assaulted her.
The girl said she had to leave as her mother would be calling.
She walked with the man to his bus stop, then called a friend to tell her what had happened.
The following day, she told a teacher who contacted her family.
The girl and her father then made a complaint to gardai.
The boy’s home was searched several days later and he admitted kissing the girl, but denied anything else of a sexual nature occurred.
A relative of the boy’s was with him while he spoke to gardai.
He was interviewed by appointment in February 2023 and identified Snapchat profiles and himself on CCTV.
A probation report was provided to the court, which places the man at medium risk of re-offending.
Giollaíosa Ó Lideadha SC, defending, asked the court to take into account his client’s youth at the time and his work history.
Mr Ó Lideadha submitted that his client’s offending was on the basis of recklessness.
He suggested that aggravating factors such as manipulation, drink, drugs and physical brutality are not present in this case.
Testimonials were handed to the court from members of the man’s family.
Mr Ó Lideadha summarised the letters to the court, noting the man’s mother asked the court to temper justice with mercy and that his siblings described him as protective and loving.
He also noted that there are other consequences of this conviction for his client, including being subjected to the requirements of the Sex Offenders Act, which means the man cannot pursue the career he hoped for in sports coaching.