A teenager has received a three-year suspended sentence for sexually assaulting two small children in his parents' home when he was 13. The court heard the boy's parents had to move home because of the incident and had since been threatened where they are now living.
The 16-year-old pleaded guilty at Dublin Circuit Criminal Court to five sample charges of sexual assault out of a total of 28. He is the eldest of a family of three from the south-west. Judge Kieran O'Connor heard that pamphlets have been circulated where the family lives threatening to burn them out. The judge said such mob rule was a perpetuation of the wrong originally done by the youth and could become "a social evil that divides the community".
Garda Margaret Kelly told prosecution counsel Mr George Birmingham the youth was aged 13 to 14 at the time of the offences and lived at home with his parents. The abuse took place in the family home when the defendant's mother was paid to baby-sit the two little girls who lived in the house opposite. They were aged 3 1/2 and 5 1/2.
Their mother informed gardai of complaints made by her youngest daughter about how the defendant would rub her vaginal area with his hand. A social worker spoke with the eldest child who revealed that the defendant would play a "magic trick" with her in a bedroom. He would shout at her to get into bed and tell her to remove her pants and knickers where he would get on top of her and `move up and down'.
Garda Kelly said she claimed this happened regularly while the defendant threatened her not to tell anyone or he would kill her and kill her father.
During October 1997, gardai spoke with the defendant's parents about the allegations, to which they replied: "Our son is not a monster."
Garda Kelly said at all stages the defendant denied penetration. He admitted on two occasions during Christmas of 1996 that he put his leg over one of the girls and rubbed her between her legs. On one occasion she was not wearing any underwear. He also admitted that on another occasion he got the youngest girl to lie on the bed with her trousers pulled down and rubbed against her. This also happened while she played at a computer.
A child psychologist told defence counsel Mr Noel MacMahon SC that he did not think the defendant a threat and that he did not understand the full impact of his actions. He suggested the defendant continue treatment rather than serving a custodial sentence. A member of the Christian Brothers also described him as a model pupil and a credit to his school.