Teenager denies sexually assaulting cousin

Teenager denies sexually assaulting cousin


A TEENAGER accused of sexually assaulting his younger first cousin has denied the allegations, saying he does not know why his cousin was making the allegations against him.
The 18-year-old male, who cannot be named due to reporting restrictions, faces 15 charges of sexual assault against his now 16-year-old cousin between September 2010 and December 2010. The alleged abuse is said to have occurred when the two first cousins shared a bed when the alleged victim would sleep over at his cousin’s house.
The defendant is accused of hugging his male cousin and also rubbing his ‘private parts’ when they shared the bed.
Part of the evidence had been heard at a sitting of Castlebar District Court earlier this month, and the evidence of the investigating gardaí was heard last week in Ballina District Court.
Following the evidence, Ms Lynda Lenehan, solicitor for the accused person made an application for dismissal on the grounds that the 15 charges relate to a period of three months. She said that there was no credible evidence as to how often the alleged victim stayed with his cousin in this period and that it would be unsafe to consider the evidence.
In September 2012, the alleged victim told his aunt and mother of the accused person that her son had abused him and wrote down details of what happened on a piece of paper. The following day, the accused person and his mother presented themselves at their local garda station to report the allegation.
The alleged victim and his mother were then contacted by gardaí regarding the child’s welfare and indicated that they wished to make a complaint. The young boy was interviewed by specialist child interviewers, and on May 6, 2013, the accused person was interviewed by gardaí.
The accused told gardaí that he was there to clear his name and claimed the only thing that happened was that his young cousin would wet the bed and he would have to wake him up and change the sheets.
He denied the allegations of abuse and when asked if his cousin was lying, he replied, ‘Yes I think so, I don’t remember doing anything to him’.
In her application for a direction, Ms Lenehan also questioned the credibility of the alleged victim saying that he remembered some things and not others. She also questioned statements taken from the victim’s mother and sisters just days before the trial began, saying that there was a ‘sense of panic’ from the gardaí and that the statements were taken to ‘fit the case’.
Supt Joe Doherty said the young boy was trying to block out what happened out of his mind but was very specific on the incidents of what occurred.
Judge Mary Devins said she would have to take time to consider the application and would give her decision on April 21 in Castlebar District Court.