DPP to get file on teen rape case

GARDAÍ investigating the alleged rape of a 15-year-old girl by a 14-year-old boy at a Junior Certificate disco will send a file to the Director of Public Prosecutions within the next fortnight.

Officers said the investigation was “well in hand” and that they had almost completed their inquiries.

It is understood gardaí may not be in a position to make a recommendation to the DPP that any charges be brought. Detectives have said it will depend on them being able to conclude as to whether or not the girl consented to sex.

If investigators are unable to make a recommendation, it will be up to the DPP to deliberate on the matter and weigh up the evidence.

While it is illegal for people under 17 to have sex, the DPP can exercise discretion not to institute proceedings against the boy if the girl gave consent or if he believes he will not be able to prove to a court that consent was not given.

The girl alleged she had been raped in the male toilet of a club in Rathmines, south Dublin, on June 30.

More than 900 underage teenagers attended the non-alcohol Junior Cert disco at Tramco nightclub.

Security staff at the club heard screams from a girl in the toilets after 11pm.

When they opened a cubicle they found the girl in a distressed state, claiming she had been raped. Staff kept the boy, aged 14, at the scene until gardaí arrived.

Gardaí said sex had taken place between the boy and the girl, who was brought to the sexual assault unit in the Rotunda Hospital for examination.

Detectives arrested the boy and interviewed the girl. Gardaí identified witnesses — both staff and teenagers — and examined CCTV footage.

Gardaí believe the girl may have gone voluntarily into the male toilet with the boy, but perhaps didn’t expect it to develop the way it did. “It comes down to the issue of consent,” said a garda source, “and we might not be able to determine if that was given or not.”

Under the law, the age of consent is 17 and sex is illegal under that age.

If both the boy and the girl are underage, only the boy can be prosecuted. This is to protect the girl who might become pregnant.

* 24-hour national rape helpline, 1800 778888.