Teenage boy jailed over woman's brutal rape

A teenager who several times threatened to kill a young woman while subjecting her to an orgy of sexual abuse has been sent to Trinity House for three-and-a-half years.

Gavin Mulvaney, aged 15, of Myrtle Park, Dun Laoghaire pleaded guilty at the Central Criminal Court to oral and attempted rape of the victim on September 19, 2005 at Glenageary.

Mr Justice Paul Carney noted that both prosecution and defence had agreed the maximum sentence he could impose was one of four years due to Mulvaney’s age.

Mr Justice Carney said the facts outlined to him were "truly appalling" and that the victim who was made to feel she was threatened by death would be haunted by it all into the future.

He declared Mulvaney a sex offender under the law and directed he undergo three years post-release supervision after noting that but for the provision of the Children Act which "capped" the sentence at four years he would have imposed a sentence of seven years.

The now 21-year-old victim told the court she was aware Mulvaney was very young but she would always be scared as a result of what he done. She couldn’t see herself forming a relationship in the future and she didn’t plan to tell her parents about what happened.

The woman said she now never travelled by DART because she heard a DART during her ordeal and she couldn’t slept in the dark because Mulvaney had forced her to keep her eyes covered all the time.

Defence counsel, Mr Michael O’Higgins SC (with Mr Sean Gillane BL), told the victim that Mulvaney had instructed him to offer her his sincere apologies for his actions which counsel said were "indefensible".

Detective Garda Tina Walsh told prosecuting counsel, Mr Remy Farrell BL, said the victim had noticed a teenage boy pass her by twice before she was suddenly grabbed from behind in a way she knew wasn’t one of her friends.

Mulvaney knocked her to the ground and sat astride her with his back to her face and demanded to know where the money was. She replied it was in her bag and when her phone rang she threw it on the ground thinking she was being robbed.

Det Gda Walsh said she began screaming when Mulvaney put his hand down her trousers. He said he would stab her and ordered her to put her hands over her eyes. She tried to run off but he caught her and punched her repeating his stab threat in an angry manner.

Mulvaney began to walk her with his around her to some bushes and told her that if anyone asked any question she was to say she was his "mott" but again told her she was not to look at him.

Det Gda Walsh said he told her also to grab him in his genital area and also to show him her breasts. She pulled her top clothing and he opened her bra and pinched one of her nipples. The victim told him she was having her period when he started to unbutton her trousers, thinking he would stop.

Mulvaney also forced the victim to perform oral sex on him and to kiss him. He then attempted to rape her and forced her to masturbate him.

The victim’s ordeal with attempts at masturbation, kissing, anal sex and stabbing threats continued though the victim told gardaí she didn’t see a knife at any time.

Det Gda Walsh said Mulvaney made her "swear" not to tell the gardaí about all this while walking her further into the bushes where she believed he was going to kill her.

However, he left quite suddenly and after waiting a few minutes to be sure he was gone she dressed quickly and ran in a distressed state to the road where she met a man who took her home.

Gardaí were contacted and Mulvaney was nominated as the prime suspect. He was arrested soon after and after first denying her claims he then admitted everything. The victim felt that Mulvaney’s actions were premeditated and pre-planned and she was sure she would die.

Mr O’Higgins said Mulvaney had a troubled background beginning with his birth mother voluntarily giving him to foster parents six weeks after he was born.

He remained with the foster parents for about 10 years but returned unsuccessfully to his birth mother for a time before again going back to the foster parents. He had behavioural problems at school arising out of literacy and numeracy difficulties.

Mr O’Higgins said Mulvaney started fighting with his foster parents when he began abusing cannabis resin, ecstasy and alcohol but they were still supportive of him despite the difficulties. He was now engaging well with the various services since going to Trinity House.