Teens accused of sex assault on girl, 14
The boys, aged 17 and 16, have been charged under section two of Criminal Law Rape Act with sexual assault of the girl and sexually exploiting her at Parliament Row, an alley in Dublin’s Temple Bar, on a night in April last year.
The DPP recommended the pair be tried before a judge and jury at the circuit court, which has tougher sentencing powers.
Judge John O’Connor agreed.
The pair were served with books of evidence and will face their next hearing at the Dublin Circuit Criminal Court on October 14 next, Judge O’Connor said.
The boys, who cannot be named because they are minors, were remanded on conditional bail.
At a preliminary hearing to decide their trial venue, Garda Niall Murray said it would be alleged that a then 14-year-old girl was in the area with friends who went off to a shop. The boys, then aged 16 and 15, allegedly said they would bring her to the same shop via a shortcut.
The court heard she was “fairly drunk” and consensually kissed the older boy when they got to the lane. The girl had allegedly protested at going into the lane. It was alleged the boy pulled down her trousers but she said “no” and he allegedly replied “come on, come on”.
It was alleged the youth pushed down her jeans and underwear and she said “no” several times but “he would not take no for an answer”. She was terrified and felt his penis touch her vagina but he was unable to penetrate her, the court heard.
The court heard that it would be alleged the second teenager then arrived at the scene.
He was shown on CCTV in the lane, sometimes hiding behind bins when a car or a passers-by were near. The older boy and the girl were down the lane for 17 minutes and during 11 of them the second boy was also present, the court was told.
Garda Murray said the girl’s phone was taken from her and she was allegedly told she would have to do something of a sexual nature to get it back. In CCTV footage she appeared to be dragged back out of the camera’s view.
The court heard it would be alleged that at this point both boys exposed themselves and placed her hands on their penises. She did not want this and stopped, but later kissed the older boy, the court heard.
Afterwards she noticed he had ejaculated on her jacket. CCTV showed them emerging from the alley and the State argued that she appeared to be arguing with the two youths.
The prosecution also contended there was an element of coercion involved and the taking of her phone made it more serious. Their barrister asked the court to note that there was consensual kissing between the girl and the older boy and the second teen had not been present all the time.
Judge O’Connor took into consideration the young ages of the two defendants, but he held that the case was too serious to be dealt with in the Children’s Court.
The boys, who were accompanied to court by their mothers, have not yet indicated how they will plead. As a condition of bail they must continue to reside at their current addresses and obey a curfew, not have any contact with the complainant or her family and stay out of Dublin city centre.
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