Judge gives probation to Cork teenager who defiled girl, 14, when he was 15
The judge said: “It is hoped you will not be seen before the courts again.” File picture: Larry Cummins
A 14-year-old girl was defiled by a 15-year-old boy when she was on a sleepover and now that he has turned 18 the sentencing judge has imposed a probation order for him to be of good behaviour and have no contact with the victim for five years.
One year ago, Mr Justice Michael McGrath imposed a period of detention of two years and six months but he said that this sentence was being deferred for a year as he said that putting a child into detention was a matter of last resort for the courts.
The convicted teenager was directed to comply with all instructions of the probation service.
Now the matter has come back to the Central Criminal Court sitting in Cork for finalisation it emerged that he has complied with probation, has stayed away from the injured party and has got on with full-time education.
Detective Garda Rachel McGrath of the Garda Protective Services Unit confirmed that there had been no adverse behaviour since.
Prosecution barrister, Imelda Kelly, submitted that in light of a recent decision of the Court of Criminal Appeal, no part of the deferred sentence in the case against the juvenile could now be imposed as he had reached the age of 18.
Ms Kelly said: “Because he has aged out, what is left to the court is to impose a probation order. There is no possibility of doing anything other than that… The imposition of the deferred sentence cannot be acted on in any way.
“The probation officer is happy that he has engaged positively in the last 12 months and has complied with all the directions of the probation officer.”
Mr Justice McGrath then ordered the 18-year-old to keep the peace and be of good behaviour for the next three years and not to have any contact with the injured party directly or indirectly for the next five years.
The judge added: "It is hoped you will not be seen before the courts again."
Referring to the night three years ago when the incident occurred, the judge said last year: “What should have been a great night turned into the worst night of her life.
"He (the accused) did not think about age. He considered her one of his peers and not a child. He acknowledges the distress he caused to the victim and he expressed regret. The accused expressed remorse. He acknowledges that his actions were wrong.
"The court is dealing with two young people. It is hoped that both can build good lives for themselves.”
The teenage victim said: “Since he pleaded guilty it has given me some sort of relief I guess, but it does not take away the two years of pain I have been put through, and my family. However, I am not going to let this ruin my life, as slowly I am regaining my confidence. All I want now is to do well in my life and to live and feel like a normal person again.”
