Judge hits out as HSE in case of young mother living with man

Ireland's statutory rape laws apply to all cultures a judge said today during the case of a 15-year-old Romanian mother of one who is in a relationship with a man aged 20.

Judge William Early heard at the Dublin Children’s Court that neither the underage girl nor her own baby was taken into care, despite HSE welfare assessments being carried out.

Requesting a senior social worker to attend the case, he said it appeared the HSE, in recent months, “appears to have made no recommendations”.

He added: “I understand that some cultures are impenetrable to a certain extent but they should be treated equally before the law.”

The girl, who is now residing in Tallaght, in Dublin with her partner and his family, is facing three shoplifting allegations. She had already been charged with stealing stole four pairs of sandals, worth €120, and a box of cosmetics, from shops, in Co Laois, in January.

She was brought before the court today following another arrest at the Liffey Valley Shopping Centre, on Thursday evening last, for stealing €280 worth of shoes.

Judge Early heard that gardaí were not entirely satisfied with the girl’s identity because she had not been carrying documentation. The mother of the teen’s partner had come to Ronanstown garda station when she was arrested, claiming to be her guardian.

Defence solicitor Mr Gareth Noble informed Judge Early that the girl, who gave birth three months ago, had been before the court on earlier occasions. The details she gave to the arresting Garda, in relation to her name, age and date of birth were consistent with the court’s records.

A sister of the girl’s partner, a Romanian woman in her early 20s, was present for the case today and handed into court a copy of the girl’s birth certificate.

Mr Noble also furnished the judge with a Probation Service report on the girl, which outlined her family circumstances.

During her previous case in which the court had given her the Probation Act, leaving her without a criminal conviction, the HSE was present, he said.

Judge Early heard that the girl’s parents were in Romania, and she was living with her partner and his family, in Dublin.

Mr Noble said the HSE had conducted an assessment of the girl’s welfare and felt there were already “sufficient supports in place” and that she and her child were being looked after.

However, Mr Noble also told the court that “there were suggestions that she should be taken into care and her baby likewise”.

The girl regards her partner, who is aged 20, as her husband, the court was told, but Mr Noble said they were not legally married. “She refers to him as her husband, common law husband would be the truer status,” he said.

Judge Early asked: “It is statutory rape and the HSE are making no application?”

In reply, Mr Noble said that earlier the defence had done its best to point the HSE in the “right direction” in relation to what should be done for the girl.

The judge asked for a solicitor representing the HSE to be called into the courtroom and on her arrival told her: “It seems we have a 15-year-old child who appears to be living with a 20-year-old gentleman.”

“This is statutory rape if that man is responsible for the conception of the child. It seems the HSE has been informed and appears to have made no recommendations.”

“Either there are two different laws for people in this country or there are not. If people are to be treated equally before the law they should be treated equally and there should be similar expectations of people,” he said.

“I understand that some cultures are impenetrable to a certain extent but they should be treated equally before the law,” he added.

He remanded the teenager on bail to appear again next month and requested the principal social worker from her district to be present for the case.

The girl, as a condition of her bail, was ordered to obey a curfew from 10pm to 8am, to continue to reside at her current address, to sign on daily at Tallaght garda station, and to remain away from the Liffey Valley Shopping Centre.