Teen receives 240 hours community service for defilement of 14 year old girl

A TEENAGER who engaged in sexual activity with a 14-year-old girl is ‘ashamed and deeply remorseful’ for what occurred and wanted to ‘right the wrong’ for what he did, last week’s sitting of Castlebar Circuit Criminal Court heard.
The man, who is now 19 years of age, but cannot be named in order to protect the identity of the victim was sentenced to 240 hours community service in lieu of two years imprisonment.
The defendant was charged with the defilement of a child under 15 years of age, and while he pleaded guilty to the offence, he contested some of the accusations made against him.
As a result, a Newton hearing was heard before Judge Rory McCabe in October 2016, which is generally used where there is a guilty plea to a charge but some of the facts of the case are in dispute.
The incident occurred in January 2015 and the original court hearing heard that the victim had just turned 14 at the time of the incident.
Sentencing was due to take place in February but was adjourned for a further eight months for an updated Probation Report, after evidence was given that the defendant was accused of intimidating the victim and her family.
At last week’s sitting, Mr Brendan McDonagh, counsel for the defendant, described the Probation Report as very positive and it was clear his client was ‘embarrassed, ashamed and deeply remorseful’ for what he did. The court heard that the defendant had cooperated fully with the probation services, had completed his Leaving Cert in the summer and was ‘prepared and anxious’ to do whatever he can to prove what occurred would not be repeated. He was never in trouble with the gardaí before or since the incident, the court was informed.
Mr McDonagh said his client benefited massively from the help of his Probation Officer, Miriam Tallon, and as a result of her help he was able to stay on the right track. He said he tried to avoid interaction with the victim or her family but this was difficult to do in a small town and he often stayed in his home to avoid any problems.
Mr McDonagh described his client as a ‘foolish child’ when the incident occurred and both parties were children.
“This was a once off incident,” Mr McDonagh said. “Admittedly it was a very bad blemish on a previously clean record. I ask you to look at the substantial steps [taken to] try and address this. He has never shirked or shied away from his requirements and done everything asked of him and more.”

Social media
The case previously heard that the two teenagers had communicated via phone and Facebook but had never met face to face until the evening of the incident itself. The girl told the court that the male, who was two years and eight months older than her at the time of the incident, threatened to put a picture on Facebook, ‘tagging’ the girl in it, if she did not meet him.
She said after she finished school on Friday, January 16, 2015, she agreed to meet him. She said it was under duress.  
They met and walked towards woodlands. The girl told the court she thought if she kissed him, she would be able to leave.
She claimed the male subsequently took out a knife and threatened he would hurt a member of her family if she did not comply. She claimed he held her down while they had sex.
In court the male said everything that happened on the day was consensual and that they did not have sex. He said after the activity between them, they talked for about 20 minutes ‘about school and stuff’. He said he was ‘sorry’ about the age gap between them.
He was asked why the girl might allege what she did if the encounter was consensual.
“I don’t know. Maybe she is embarrassed because I am a Traveller. I’m guessing to be honest,” he told the court.
In his judgement last October, Judge McCabe said the case highlighted a lot of dangers around the world of social media for teenagers.

Victim Impact Statement
In her Victim Impact Statement, the girl said that before the incident, she was a normal 14 year -old who enjoyed Foróige and going to Jedward concerts. However she said she was robbed of her childhood innocence and will never be the same again.
Since the incident she said she suffers from nightmares and is afraid to go out without a group of her friends to accompany her. She said without the support of her family, friends and counsellor, she would have not been able to get through it and hoped going to court will stop this from happening to someone else.
She said she had no reason for telling what she did if it was not the truth. She added that she felt intimidated by the male as did members of her family when they saw him around the town. She said he had made her life unbearable for the last two years.
In sentencing, Judge McCabe said that this was undoubtedly a serious offence but was at the lower end of the scale of gravity. The defendant, he said was already registered on the sex offenders list, and for a person of his age this was already a considerable penalty.
Judge McCabe observed that mitigation in favour of the defendant was considerable and he took the view that there was a realistic prospect of rehabilitation. He said an immediate  custodial sentence would not be in the interest of justice.
Judge McCabe sentenced the defendant to 240 hours community service in lieu of two years imprisonment and also ordered that he engage with the probation services for a further 12 months and remain of good behaviour.