Young man jailed for raping teenage girl and engaging in sexual act with 12-year-old

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 on Thursday, 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 gardaí, 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 gardaí 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 gardaí 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

If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help.