MS sufferer assaulted after asking for directions

A multiple sclerosis suffer was sexually assaulted by a youth after she asked him for directions, the Dublin Children's Court was told today.

The boy (aged 17) has been charged with sexual assault, under section 2 of the Criminal Law (Rape) Act 1990, of the woman, in south Dublin, on a date last March. He is also accused of theft of a €50 note, a sim card, and €10 in coins, from her, on the same date.

His defence has begun making submissions under Section 75 of the 2001 Children Act pleading for the case to be kept in the jurisdiction of the juvenile court and not sent forward to the Circuit Court which, on conviction has wider sentencing powers.

This section of the legislation sets out grounds where a Children's Court can retain jurisdiction for a case involving serious allegations, by taking into consideration the age and level of maturity of a juvenile defendant -- a person under the age of 18.

In an outline of the prosecution evidence, Detective Garda Donal O'Neill told Judge Bryan Smyth it was alleged the woman asked for directions and the teenager started walking with her.

“It is alleged he sexually assaulted her and robbed her handbag,” he said.

“She has multiple sclerosis and was tired from the walk and sat on a bench…It is alleged he (then assaulted her),” the court was told.

Defence solicitor Sarah Molloy said her client, who was accompanied to his case by his father, had previously been placed in the care of the HSE.

A background report on the teenager, who is in custody on remand, was furnished to the judge and Ms Molloy also said that one assessment of her client had shown he was functioning at a lower level of intellectual ability.

She said the teen was no longer in HSE care and that it was hoped that a forensic psychiatrist's report on him could be obtained.

The case was adjourned until a date next month for the report to be furnished to the court.