Girl (9) allegedly raped by 11-year-old boy

A nine-year-old girl has been examined at a sexual assault unit after an allegation she was raped by an 11-year-old boy.

The alleged incident occurred in the Leinster area on Sunday. The children were known to each other, but are not related.

The Irish Times understands a third party became aware that illegal sexual activity had allegedly occurred. The girl’s family was informed of this and the Garda alerted.

Garda sources said a criminal inquiry was now under way into the alleged incident.

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The nine-year-old has been examined at the sexual assault unit as part of the Garda investigation

Incidents of this nature are almost unheard of.

Intercourse with any child under the age of 16 is legally considered rape. It is not possible under law to claim consent because a child under the age of 16 is considered incapable of consenting.

Criminally culpable

Garda sources said children under the age of 12, like the boy at the centre of this case, were normally not regarded under law as criminally culpable.

The Criminal Justice Act, 2006, raised the age of criminal culpability from seven to 12. This means that, for the vast majority of offences, children under the age of 12 cannot face criminal charges.

However, there are some exceptions, and children under the age of 12 can be charged with a small number of serious offences, including murder, manslaughter, rape, and aggravated sexual assault.

Garda sources said a file on the case would be sent to the DPP.

However, the same sources said it was possible the matter may be criminalised or dealt with by the Child and Family Agency, Tusla, depending on the precise circumstances and the children's understanding of what had happened.