A boy, aged 12, claimed he was raped in a house by a 14-year-old boy, it emerged yesterday at Cork District Court.
The accused, now aged 15, appeared with his mother yesterday at an in camera hearing of the court. Parties to the case cannot be identified for legal reasons.
The 15-year-old faces a charge of sexually assaulting the younger boy at a house in Co Cork on Oct 20, 2012.
Inspector Mary King said the Director of Public Prosecutions had directed that the case could be dealt with at district court rather than by indictment at the Circuit Criminal Court.
Judge O’Leary asked the inspector to outline the allegations so he could decide on whether he would accept jurisdiction to deal with it at the district court.
The complainant claimed the accused pinned him against the wall of a boarded-up kitchen and removed his pants and underpants and he could feel the defendant entering him with his penis and he felt pain. Other youngsters were present at the time, the inspector said.
Judge O’Leary said that from what he had been told, he had difficulty seeing it as a matter that could be dealt with at the district court. Furthermore, the judge had a difficulty seeing why it was a sexual assault rather than a rape charge.
The inspector said the DPP had made this decision following evidence of the complainant’s examination at a sexual assault unit.
Eddie Burke, defence solicitor, asked the judge to adjourn his decision on jurisdiction so that further evidence could be produced.
The judge said he would put the question of jurisdiction back until Jan 3.
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