Judge strikes out prostitution case against tragic teen

A prosecution against a young woman, who was arrested for allegedly engaging in prostitution while her mother and six-year-old sister were present, was today struck out by a judge, who described the case as "one of the saddest I have dealt with".

The now 19-year-old defendant, a recovering heroin addict, had been charged at the Dublin Children’s Court under section 7 of the Criminal Law Sexual Offences Act for loitering in a public place with intent to solicit or importune another person for the purposes of prostitution, at Stoneybatter, D7, on January 3, 2005.

She was 17 years old at the time of the offence.

Prosecuting Garda Mathew McKenna of the Bridewell Garda Station applied to have the case against the young woman struck out.

Presiding Judge Angela Ní Chonduin was told that Garda McKenna had been instrumental in getting social services to intervene and to provide help to the young woman.

Defence solicitor Catherine Ghent detailed the young woman’s background for the court telling the judge that the girl came from an exceptionally dysfunctional background: her mother was a heroin addict; there was violence in the home; she had been taken to England by a 26-year-old man against her and her family’s wishes at the age of 16; he had injected her with heroin; throughout childhood she had to look after a sibling and her mother and though she is a recovering addict her mother still pressures her to take heroin.

She "had to fend for herself from a young age", said Ms Ghent .

"In 2004, I wrote to the Minister for Health and Children, to relay concerns that had been brought to my attention," said Ms Ghent.

"She was 16 at the time. At that stage she had a boyfriend who was aged 26. She would have been below the age of consent. He had a very serious malevolent influence over her."

"He brought her to his mother’s house and injected her with heroin. His previous girlfriend died of a cocaine overdose and there was some suggestion of her involvement.

"He then took her [the defendant] to England against her wishes and those of her mother. While travelling he asked her to use the identity of his deceased former girlfriend and she had difficulties getting back."

"She was known to the authorities as far back as when she was aged three. It was brought to the health services attention that her mother was drinking heavily and providing inadequate care.

"She was not deemed to be at high risk until 2002 despite the fact that she had been known of by the authorities for seven years. In those seven years she was subjected to very serious neglect."

After her arrest for solicitation, Ms Ghent, the court had the garda had sought assistance from social services which have been working with her since. Her little sister was taken into care.

Ms Ghent commended Garda McKenna’s role and handling of the case.

The young woman also pleaded guilty today to a trespassing offence. She had been squatting in an abandoned flat and her condition was described by a Garda as "one of the worst I have ever seen".

Judge Ni Chonduin said: "It was one of the saddest cases I have dealt with since I came on the bench."

She added that she was glad the defendant, who is now on methadone, had made such an improvement in her health and remanded her on bail until June for a probation report.

In relation to her mother being present while she was engaged in the alleged acts of prostitution, the teenager had said at an earlier hearing: "She was minding me, making sure I don’t get pregnant."