Teenager accused of sexually assaulting MS sufferer

A teenage boy accused of sexually assaulting a multiple sclerosis sufferer after she asked him for directions, has been refused bail.

The 17-year-old has been charged at the Children's Court 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.

The defence has began 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.

Today the teen applied for bail which was refused after gardaí objected due to the seriousness of the allegations.

The youth was further remanded in custody to appear again next week.

Judge Bryan Smyth also requested the attendance of a representative of the HSE to attend the case in relation to organising a psychiatric assessment of the teen.

In an outline of the prosecution evidence, Detective Garda Donal O'Neill has told Judge Smyth earlier that 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 had said.

“She has Multiple Sclerosis and was tired from the walk and sat on a bench, it is alleged he penetrated her (…) with his fingers,” the court has been told.

Previously the boy been placed in the care of the HSE and an assessment of him had shown he was functioning at a lower level of intellectual ability.

The teen, whose father was present for the case, is no longer in HSE care and the defence have been trying to get a forensic psychiatrist's report on him as part of their submissions for the Children's Court to accept jurisdiction.